Autonomous care decisions: what can Article 12 of the CRPD offer to older disabled adults and their supporters?

Abstract

This article offers the author’s personal reflections on the meaning of article 12 of the Convention on the Rights of Persons with Disabilities (CRP D) by drawing from the author’s experience as a carersupporter. Being recognised as someone who can make decisions is a fundamental human right. For many persons with disabilities, denial of such right is a fact of life. This article explores the issue of exercise of legal capacity as it affects older adults who live with significant cognitive and physical changes. The author highlights some of the complexities when professionals and carers such as family members have tremendous influences over older disabled adults’ decisions about care. It is argued that the State has an obligation to establish appropriate support measures for carers so that they possess the necessary capabilities and strengths to provide decision-making support to older disabled adults who accept such support in care settings.

Keywords:

• legal capacity
• Convention on the Rights of Persons with Disabilities
• ageing
• long-term care
• human rights
• autonomy
• care
• supported decision-making

Disclosure statement

No potential conflict of interest was reported by the author.