Legal Capacity

This report presents the European Union Agency for Fundamental Rights’ (FRA) legal analysis of standards  and safeguards concerning the legal capacity of persons with intellectual disabilities and persons with mental health problems. Thus far, the CRPD Committee’s concluding observations forcefully underline the convention’s guarantees, which would support calls to abolish or overhaul national legislation that allows for substituted decision-making models and replace them with supported decision-making measures that respect the person’s autonomy, will and preferences.