Supported decision making: the tool that leaves the decision with the person
Between full independence and guardianship there was, for many years, a gap. Supported decision making fills it: the supporter helps gather and explain information, while the decision and the signature stay with the person.
"The question is not whether the person needs help. The question is whether they are able to decide. Where the answer is yes, guardianship is not the right tool."
Adv. Ester Efrati · Head of the Family and Inheritance Department
What supported decision making is
Supported decision making is an arrangement under which an adult appoints for themselves, with the approval of the court, a supporter who assists them in making decisions about their own affairs. It is designed for a person who is capable of deciding but finds it difficult to gather the information, to understand it, or to carry the decision through.
The guiding principle is simple: authority stays with the person. The supporter does not decide for them and does not sign on their behalf. They help the person reach an informed decision and act on it.
The arrangement is anchored in the Legal Capacity and Guardianship Law, 1962, as part of a broader shift that prefers less restrictive tools to guardianship. It was created for people who until then had no answer available: not in need of a guardian, yet unable to cope alone with a bank, a health fund or a public authority.
Who is eligible
The arrangement is open to adults aged eighteen and over and is not tied to any particular diagnosis. What is examined is capability, not impairment.
Four conditions are considered:
- Aged eighteen or over.
- Capable of making decisions independently, while needing assistance in order to do so.
- Able to express their wishes, in any manner.
- Consent to the appointment. The arrangement rests on the person's own will and cannot be imposed on them.
In practice it is used by people with intellectual or psychosocial disabilities, by older people who struggle to deal with institutions, and by people managing a medical condition that makes it hard to assemble and follow information. They share one thing: they know what they want, and the difficulty lies in the route to the decision rather than in the decision itself.
Who can serve as a supporter
Three kinds of supporter operate in practice, and the choice between them depends on what the person has available and what they need.
- A close supporter. A family member or close friend the person trusts. The advantage is familiarity and existing trust; the difficulty is that closeness itself can blur the line between supporting and deciding.
- A volunteer supporter. A volunteer who has completed dedicated training. Intended for people without suitable relatives or friends, or without the means to pay.
- A professional supporter. A person trained for the role, whose fee is determined by the court.
In each route the supporter acts under a court appointment and within the limits it sets. There is no role of "supporter" created by private agreement alone.
The areas of support
The court states in the appointment decision which areas the support covers. The appointment is not general; it is tailored to what the person actually needs.
- Property and finances. Dealing with the bank, benefits, entering into contracts, property matters.
- Personal matters. Choice of residence, employment, leisure and daily routine.
- Health matters. Receiving and understanding information about medical treatment.
A supporter can be appointed for a single area. Someone who struggles only with the bank does not need support in health matters, and the reverse holds too. A narrow appointment is not a defect; it expresses the same principle that prefers the least restrictive tool.
What a supporter may and may not do
This distinction is the core of the arrangement, and it is also what separates it from every other tool. Crossing it turns support into guardianship in practice, without the supervision that guardianship carries.
A supporter may:
- Help obtain information from banks, health funds, the National Insurance Institute and other bodies.
- Explain that information in clear language and at a pace that suits the person.
- Set out the options available and what each of them means.
- Help carry out the decision once it has been made, in some cases under a power of attorney given for that purpose.
A supporter may not make the decision instead of the person and may not sign on their behalf. The decision and the signature stay with the person, and that holds even where the supporter believes the decision is wrong.
The appointment process
The appointment is made by the family court for the area in which the person lives. The process is built to confirm that the person understands the arrangement and wants it.
- An information meeting. Before the application is filed, a meeting is held with the Administrator General's office, explaining what the arrangement covers and what it does not.
- Filing the application. The application goes to the family court, with the applicant's details, the details of the proposed supporter and the areas sought.
- Examination. The court examines the suitability of the supporter, the person's consent and the scope of support required.
- The appointment decision. It defines the areas, the duration of the appointment and any reporting duties.
The appointment is not necessarily permanent. It can be varied, widened, narrowed or revoked, and the person themselves may ask for it to end.
Against guardianship and an enduring power of attorney
The three tools look similar and are meant for entirely different situations. The difference is not the severity of the condition but the question of who decides.
- Supported decision making. The person decides and signs. The supporter helps them reach the decision. For someone who is capable of deciding and needs help.
- An enduring power of attorney. The person sets out in advance, while capable, who will act for them if they can no longer manage their affairs. They choose both the person and the instructions. See enduring power of attorney.
- Guardianship. The court appoints someone to make decisions on behalf of a person who cannot make them. It is the most restrictive tool and is considered only where the others do not suffice. See appointment of a guardian.
All three can exist side by side in different areas. A person may use a supporter for financial matters and also make an enduring power of attorney for a future situation in which they can no longer manage their affairs at all.
What makes support work
The appointment is the beginning rather than the end. What separates an arrangement that works from one that stays on paper lies in details settled in advance.
- Choose a supporter the person genuinely trusts. Trust is a precondition; without it the person will not share what matters.
- Define the areas narrowly. An appointment that is too broad invites drift into the space of decision.
- Keep a record. A simple note of what was conveyed and what was decided protects both sides.
- Agree the boundary in advance. Settle between the person and the supporter what happens when the supporter thinks a decision is wrong. The answer is that the decision remains the person's, and it is worth saying so at the outset.
- Review. Needs change, and the appointment can be widened or narrowed accordingly.
Built this way, the arrangement usually removes the need for a more restrictive tool. That is the purpose it was created for.
In summary
Supported decision making is the arrangement that lets a person go on deciding for themselves even when they need help to do it. It fills the space between full independence and guardianship.
- Authority stays with the person. The supporter neither decides nor signs on their behalf.
- It is open to adults who are capable of making decisions, able to express their wishes and consent to the appointment.
- The family court sets the areas, and a supporter can be appointed for a single area only.
- An information meeting with the Administrator General's office precedes the application.
- The appointment can be varied and revoked, including at the person's own request.
Choosing between supported decision making, an enduring power of attorney and guardianship is not a technical matter. It follows from what the person can do today, what is expected later, and the preference for always choosing the least restrictive tool.
If you are considering this arrangement for yourself or for a family member, contact us for an initial assessment. We will look at the actual needs and set out the options available to you.
Questions that recur about supported decision making
These answers are general and do not replace advice on your own file.
What is supported decision making?
How does it differ from guardianship?
Who is eligible for a supporter?
Can a supporter be appointed without the person's consent?
Who can serve as a supporter?
In which areas can a supporter be appointed?
What may a supporter not do?
How is an application made?
How long does the appointment last?
Is the supporter paid?
Can there be both a supporter and an enduring power of attorney?
What happens when the supporter thinks a decision is wrong?
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