Decision Supporter: A Legal Alternative to Guardianship in Israel
Supported Decision-Making as an Alternative to Guardianship
Many individuals face difficulty making decisions or managing daily affairs due to age, disability, or cognitive limitations. While guardianship provides one solution, it can be an unnecessarily restrictive measure that diminishes personal autonomy and dignity. In such cases, Israeli law offers an alternative: appointing a decision supporter — a person who assists the individual without replacing their judgment. The supported person retains full control over their own decisions.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Equal Legal Capacity for Persons With Disabilities Under International Law
Article 12 of the 2006 Convention on the Rights of Persons With Disabilities
What Is Supported Decision-Making?
Traditional guardianship serves an important purpose, but it removes the protected person’s freedom to make decisions about their own life. This naturally undermines self-confidence and the fundamental right to autonomy. Guardianship should therefore be reserved for situations where the individual is truly unable to manage their own affairs and requires a third party to exercise discretion on their behalf.
For individuals who experience difficulty with decision-making but retain the capacity to do so, guardianship is not the appropriate solution. To address this gap, Israel enacted Amendment 18 to the Legal Capacity and Guardianship Law in 2015, which introduced the mechanism of supported decision-making. Under this framework, a court may appoint a decision supporter whose role is to assist the supported person in understanding options and implementing decisions — without substituting the supporter’s judgment for the individual’s own choices.
Requirements for Appointing a Decision Supporter
Appointing a decision supporter is an effective alternative to guardianship when the individual is capable of making decisions independently but needs assistance accessing information and carrying out those decisions. The supported person’s discretion remains entirely and exclusively in their own hands — nothing changes from before the appointment. The only difference is the availability of professional accompaniment and support to help the individual better understand their options and exercise their rights when interacting with third parties such as banks, medical institutions, and the National Insurance Institute.
The court will appoint a decision supporter rather than a guardian when the following conditions are met:
Age: The supported person must be an adult over the age of 18 and a permanent resident of Israel. Unlike guardianship, which may also apply to minors, supported decision-making is available only to adults.
No Existing Appointment: The supported person must not already have a guardian, and no enduring power of attorney may be in effect.
Decision-Making Capacity: The central requirement is that the supported person retains the ability to make decisions independently and to clearly express their wishes.
Consent: Unlike guardianship, the supported person’s consent is required for the appointment, since the decision supporter does not replace the individual’s judgment but only assists them.
Who Can Serve as a Decision Supporter?
The choice of decision supporter is entirely up to the supported person. They may select any trusted adult for the role — ideally someone with whom they have a strong relationship and effective communication, so that the supporter can provide meaningful assistance. The court will verify that no clear conflict of interest exists between the parties, ensuring that the decision supporter does not use the position to advance personal interests at the expense of the supported person.
Professional Legal Guidance on Supported Decision-Making
Navigating the legal framework of supported decision-making requires careful attention to the specific circumstances of each case. An experienced attorney can help determine whether a decision supporter is the appropriate solution, guide the application process, and ensure that the supported person’s rights and autonomy are fully protected throughout the proceeding.
The decision supporter cannot be a professional guardian or an employee of a guardianship corporation. The role may be performed on a voluntary basis or for compensation, and the appointed supporter must complete professional training. If a decision supporter is appointed without having completed this training, the appointment is valid for only three months and may be extended upon proof of training completion. If the supported person wishes to terminate the arrangement, they may do so at any time simply by notifying the supporter that their services are no longer needed.
“States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.” — Article 12(3), Convention on the Rights of Persons with Disabilities (2006)
If you or a loved one may benefit from a decision supporter rather than full guardianship, we invite you to schedule a legal consultation. Our attorneys specialize in guardianship alternatives and supported decision-making under Israeli law, and can help you navigate the process with care and expertise.