Supported Decision-Making Service

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Supported Decision-Making Service for Persons with Disabilities | Service Model
The Human Rights Center for People with Disabilitis
6. The role of family members: The implicit premise of the state is that parents of
persons with disabilities or their family members should manage their affairs. In fact,
of the 60,000 persons under guardianship, in about 85% of the cases the guardian is a
familymember or a close acquaintance, while the rest are under external guardianship.
Imposing the responsibility to manage a person's life on a family member takes a
heavy toll: there are high attrition rates among parents, who often report feelings of
bearing a heavy burden they must carry throughout their lives, as well as tremendous
anxiety over what might happen after they die. In addition, in a situation of parent or
family guardianship, the line between the person's considerations and the parents’ is
blurred, and the person's dependency on their family is intensified together with their
perception of being incapable and lacking independence.
7. Criticism against the institution of guardianship: The Supreme Court has held that
guardianship per se curtails human rights and that its use should be limited. Beyond
the inherent violation of rights, the institution of guardianship in Israel has come
under heavy criticism in recent years: three State Comptroller reports (2004, 2011,
2012); the case of Yardena Nilman, a guardian convicted of stealing money from
people under her guardianship; the closing down of the Dorei Dorot Guardianship
Corporation; the General Guardian report regarding irregularities in the Sheffer
Association; and many complaints from the field point at the heavy price people
may pay just because they have been put under guardianship. Between 85%-90%
of all guardianship appointments cover both person and property and proportionate
alternatives are scarcely used. In addition to the need for better oversight, the use of
guardianship itself should be re-examined along with the promotion of alternative
mechanisms that leave people in control of their own lives, without impinging on
their legal capacity.
It is against the backdrop of these challenges, which feature in the lives of persons with disabilities
the world over, that many countries have come to realize the need to develop the independent and
unique function of supporter.
C. Model development – background
The model presented in this document is based on ample knowledge accumulated by Bizchut in
recent years. Specifically, the model is based on:
1. Article 12 pilot: In 2014-2015, Bizchut conducted a pilot project in which support
in decision-making was provided to 22 participants who had been defined by
professionals or by the court system as persons who should be appointed a guardian.
The model presented here was developed as a basis for providing support to these
persons and underwent many changes based on the experience accumulated in the
pilot. For more on the pilot see
2. Studying world developments: Bizchut is active on the international scene and
maintains ongoing relations with many of the experts conducting supported decision-
making pilots. Some of the countries where developments have been studied include
Sweden, Bulgaria, Canada, the United States and the Czech Republic. In addition,
meetings were held with experienced experts fromAustralia, Ireland and England.