Safeguards

These measures protect and carry out the legal capacity of people with disabilities. They prevent potential conflicts of interest, abuse, and undue influence in their decision-making, and they ensure that their rights, will, and preferences are respected.

Safeguards must be proportional, tailored to the person’s circumstance, and implemented in the shortest time possible. Competent, independent, and impartial authorities or judicial bodies must review them regularly (United Nations, 2006, Art.12, paragraph 4).

Although anyone can be manipulated, this risk increases when there is a relationship of dependence. ‘Undue influence is characterized as occurring, where the quality of the interaction between the support person and the person being supported includes signs of fear, aggression, threat, deception or manipulation. Safeguards for the exercise of legal capacity must include protection against undue influence; however, the protection must respect the rights, will and preferences of the person, including the right to take risks and make mistakes.’ (Committee on the Rights of Persons with Disabilities, 2014).