Article 12 of the Convention for the Rights of
Persons with Disabilities recognizes all persons with disabilities as having
legal capacity in all areas of life. However, in adherence to the Israeli Legal
Capacity and Guardianship Law (1962), many persons with intellectual disability
(ID) or mental illness (MI) have these rights revoked because of the
appointment of a guardian. Little is known about these persons' perceptions
about guardianship and supported decision making (SDM).
Using focus groups, we
examined the perceptions of persons with ID, persons with MI, and parents
regarding guardianship and SDM. Most participants expressed their desire to
adopt a model of SDM in their daily decision making, though differences were
found among the groups.
Persons with MI emphasized their right to be
independent in decisions regarding their lives, and parents of these persons
aspired to support their children to reach independence, except in times of
crisis.
Persons with ID also desired more independence, but they were uncertain
if this would be possible for them. Some individuals with ID preferred that
decisions regarding their lives be made on their behalf. Parents of persons
with ID felt that it was critical for them to serve as guardians of their
children.
Recommendations are provided on how to promote the legal capacity of
individuals with disabilities.
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