Support Person Replaces Guardianship for Israelis with Disabilities

A new legal framework in Israel, known as a "decision-making support" person, offers an alternative to traditional guardianship for individuals with cognitive disabilities, aiming to preserve their autonomy. This system, established by a 2016 legislative amendment, allows a court-appointed individual to advise but not decide for the person with a disability, unlike a legal guardian who makes all significant decisions.

Ronnie Amatsia, a 24-year-old with a cognitive disability, exemplifies the benefits of this model. While she requires assistance with many life aspects, she has personal desires and the capacity to pursue them. Her mother, Tamar Tal-Amatsia, chose not to pursue guardianship for Ronnie, finding it too restrictive and intrusive. Instead, they opted for a support person, enabling Ronnie to feel independent while receiving necessary guidance.

Legal experts and advocates emphasize that guardianship strips individuals of their fundamental right to make choices about their lives, from where they live to managing finances. Dr. Idit Sergosti of the "Access for All" organization highlights that this system, while intended to protect vulnerable individuals, often leads to a complete loss of legal capacity and personal autonomy.

Despite the existence of the support person model for a decade, its implementation remains limited, with around 300 support persons appointed annually compared to thousands of guardians. Advocates attribute this disparity to a lack of awareness and conservative attitudes among professionals. The General Trustee's office in the Ministry of Justice is working to increase awareness through training and outreach.

Tamar acknowledges the challenges, including potential bureaucratic hurdles and risks of fraud, but remains firm in her decision. She stated, "I choose not to be a guardian because, conscientiously, it is not right in my eyes. I want to be someone who helps Ronnie understand, think, and choose when it's difficult for her, not someone who holds the authority to decide in her place."