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Article 12 of the United Nations Convention on the Rights of Persons with Disability (UNCRPD) changed the way we think about decision-making and legal capacity. We now accept that there is a difference between a person's legal capacity and their mental capacity (decision-making ability).
A person's legal capacity is the key to being able to participate fully in society and exercise civil, political, economic, social and cultural rights. It gives a person legal protection of their rights and recognises them as having the power to engage in transactions and create, modify or end legal transactions.
Mental capacity refers to the decision-making ability of a person. It is different to legal capacity.
27 Nov 2024