Implicaciones médico forenses del desarrollo de la Ley 8/2021, de 2 junio, por la que se reforma la Legislación Civil y Procesal para el apoyo a las personas con discapacidad en el ejercicio de su capacidad jurídica

Abstract

With the entry into force of Law 8/2021 of June 2, which reforms civil and procedural legislation for the support of people with disabilities, it is intended to apply and adapt our legislation to the International Convention on the Rights of Persons with Disabilities. Disability of December 13, 2006. This recognizes that people with disabilities have legal capacity on equal terms with others, and it must be ensured that the measures adopted to exercise said capacity respect their will, desires and preferences, avoiding conflict of interest and undue influence. The will is at the center of the new system and its influence on the ability to decide is a fundamental task in forensic medical work. The dimensions that make up this capacity are analyzed, as well as the elements that constitute it. The support measures will be analyzed according to their legal classification and will be related to the multidimensional result of the forensic medical examination, indicating the intensity of the support required and the functional area involved. At the end, the forensic medical protocol that has been followed in the Forensic Psychiatry Service of the Institute of Legal Medicine and Forensic Sciences of Seville is exposed.