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

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 rig...

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Bibliographic Details
Published in:Disability & society 2023-09, Vol.38 (8), p.1502-1507
Main Author: Lai, Poland
Format: Article
Language:English
Subjects:
Adults
ageing
autonomy
care
Caregivers
Convention on the Rights of Persons with Disabilities
Decision making
human rights
legal capacity
long-term care
Older people
People with disabilities
Relatives
supported decision-making
Supporters
Writers
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Summary: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.
ISSN:0968-7599
1360-0508
DOI:10.1080/09687599.2023.2198662