Abstract
This chapter explores the right to legal capacity for people with dementia. The analysis focuses on General Comment 1 of the UN Committee on the rights of persons with disabilities. The chapter also provides some examples of law reform around the world on the issue of legal capacity and considers how these reforms may impact on people with dementia. Finally the chapter considers how the right to legal capacity may be framed in any new UN Convention on the rights of older persons. The chapter argues that legal capacity is a critical human rights issue in the context of dementia and that Article 12 (CRPD) and the general comment 1 provide a strong base for respecting the autonomy and self determination of people with dementia
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