Legal capacity, mental capacity and supported decision-making: Report from a panel event

Area of Science:

• Law and Disability Studies
• Mental Health Law
• Human Rights Law

Background:

• The UN Convention on the Rights of Persons with Disabilities (CRPD) has been active for over a decade.
• Ongoing debate surrounds legal capacity, mental capacity, and the transition to supported decision-making models.
• A 2018 King's Transnational Law Summit panel event addressed these complex issues.

Purpose of the Study:

• To explore the nuances of the dialogue concerning legal capacity and supported decision-making.
• To synthesize the diverse perspectives presented by panel members and attendees.
• To identify the core disagreements hindering consensus in this field.

Main Methods:

• Analysis of contributions from a panel event at the King's Transnational Law Summit 2018.
• Summarization of the ensuing panel discussion.
• Synthesis of expressed viewpoints to identify key areas of divergence.

Main Results:

• Divergent conclusions stem from disagreements regarding the implications of restricting legal capacity for individuals with mental disabilities.
• Differing emphasis on specific values, the foundational basis for mental capacity assessments, and the extent of supported decision-making contribute to varied outcomes.
• The interconnectedness of resources, recognition, and freedoms for people with mental disabilities is highlighted.

Conclusions:

• Resolving debates on legal capacity requires addressing fundamental disagreements on values and assessment methodologies.
• Supported decision-making models offer a pathway but require careful consideration of their scope.
• Discussions limited solely to legal capacity overlook the broader context of resources, recognition, and freedoms essential for persons with mental disabilities.