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The UN Challenge to Guardianship and Surrogate Decision-Making.

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    The United Nations Convention on the Rights of Persons with Disabilities promotes supportive decision-making for individuals with intellectual disabilities. This approach emphasizes personal choice over guardianship, impacting medical decision-making guidance.

    Keywords:
    bioethicsdecision-making capacityguardianshiplegal capacitysupportive decision-making

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    Area of Science:

    • Disability Studies
    • Bioethics
    • International Law

    Background:

    • The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was issued in 2006.
    • The CRPD advocates for replacing guardianship and substitute decision-making with supported decision-making for persons with intellectual disabilities.

    Purpose of the Study:

    • To analyze the implications of the CRPD's call for supported decision-making.
    • To provide guidance for clinicians, ethicists, and legal professionals on evaluating medical decision-making for individuals with cognitive impairments.

    Main Methods:

    • Review of the United Nations Convention on the Rights of Persons with Disabilities and its commentary.
    • Analysis of ethical and legal considerations surrounding supported decision-making.

    Main Results:

    • The Convention urges a shift from guardianship to supported decision-making, respecting individual "will and preferences."
    • Critics have raised ethical and legal concerns regarding this shift.

    Conclusions:

    • The CRPD provides crucial guidance for medical decision-making involving individuals with cognitive impairments.
    • The Convention promotes greater autonomy and involvement of people with cognitive disabilities in life decisions.