Do appropriate and effective safeguards exist for all processes relating to legal capacity and support in exercising legal capacity?


Safeguards must be present in a system of support in the exercise of legal capacity. The primary purpose of these safeguards must be to ensure the respect of the person’s rights, will and preferences. In order to accomplish this, the safeguards must provide protection from abuse on an equal basis with others.

In detail

46% of respondents replied safeguards exist but not for all processes or are not appropriate or effective, while 33% stated that safeguards do not exist. The main issues include:

  • The Informal/3rd sector provision of appropriate safeguards is organised and provided by NGOs, civil society- not legally official
  • If safeguards are available, they may not be thoroughly implemented, and guardianship is rarely monitored
  • Inadequate amount of attorneys or advocates to assist individuals
  • People with intellectual disabilities are often at risk of having their rights violated. The person’s wills and more generally independent living is not respected