Legal capacity of persons with disabilities

The State party should consider systemic change by replacing guardianship and all other forms of substituted decision-making with supported decision-making for all persons with disabilities, regardless of their support requirements.

The State party should repeal the Guardianship Act, which allows for the deprivation of legal capacity based on impairment, ensure that no person is placed under guardianship and increase training on the recognition of the full legal capacity of all persons with disabilities.

The State party should establish a legal procedure aimed at restoring the full legal capacity of all persons with disabilities, and, in the adoption of a supported decision-making regime, ensure respect for the autonomy, will and preferences of the person concerned.

The State party should create appropriate and effective safeguards for the exercise of legal capacity that are monitored and supervised at the county level to ensure respect for the rights, will and preferences of persons with disabilities and to protect them from undue influence.

The State party should conduct capacity-building activities for public officials on the right of persons with disabilities to equal recognition before the law and on supported decisionmaking arrangements, and for persons receiving support to help them to decide when they need less support or when they no longer require support in the exercise of their legal capacity.