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Conceptualising 'Undue Influence' in Decision-Making Support for People with Mental Disabilities
1Centre of Medical Law and Ethics, Dickson Poon School of Law, King's College London, London, UK.
Determining when support for legal capacity becomes undue influence is key for people with mental disabilities. This analysis explores six models of undue influence, proposing
Area of Science:
- Law and social science research
- Legal capacity and disability rights
- Mental health law and policy
Background:
- Legal capacity support for individuals with mental disabilities is crucial.
- Defining the boundary between legitimate support and undue influence is a significant legal challenge.
- Existing legal frameworks in England and Wales require nuanced understanding regarding undue influence.
Purpose of the Study:
- To analyze normative approaches to undue influence in supporting legal capacity for people with mental disabilities.
- To compare diverse conceptualizations of undue influence across various decision-making domains (property, contracts, health, finance, accommodation).
- To develop a framework for policy and legal development in England and Wales concerning undue influence.
Main Methods:
- Normative analysis of legal and policy documents.
- Comparative review of six conceptual models of undue influence.
- Drawing on the UN Convention on the Rights of Persons with Disabilities and sector-specific documents.
Main Results:
- Identified six models of undue influence: modes of influence, overborne will, inference from situation, overborne will (mental incapacity), overborne will (vulnerability), and impaired discursive control.
- The 'impaired discursive control' model is a novel proposal.
- Highlighted policy-relevant distinctions between models; 'overborne will', 'inference-based', and 'discursive control' models show potential for support contexts.
Conclusions:
- The analysis provides a framework for navigating undue influence in legal capacity support.
- The 'overborne will', 'inference-based', and 'discursive control' models offer promising avenues for legal and policy development.
- Further consideration of these models can enhance the rights and support for persons with disabilities.
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