Supported Decision-Making Law Approved by the Knesset
On 29.3.16 the Knesset voted in favour of the Amendment to the Legal Capacity and Guardianship Law.
This amendment constitutes a substantial reform to the law and includes a number of dramatic changes:
- Recognition of supported decision-making
- Recognition of lasting power of attorney
- Cancellation of the term ‘ward’
- Reduction of cases in which a guardian can be appointed to situastions in which this is necessary in order to prevent harm to a person when no less restrictive option is available
- Cancellation of the option of appointing a general guardian without detailing the issues under his or her authority
- Defining the individual’s wishes as a guiding element in the guardian’s considerations
- Defining the rights of persons under guardianship such as the right to receive information from his or her guardian and the right to independence and privacy
- Defining the right to legal aid representation in cases of involuntary hospitalization
- Limiting the ability of a guardian to force a decision relating to fundamental issues
The new law constitutes a rare opportunity for recognizing the right of every person to legal capacity and to make the decisions that affect their lives.