The significant law and policy reform required to meet obligations under CRPD Article 12 needs to be supported by significant changes to current administrative arrangements in terms of their strategic profile, role, functions and powers.119
Currently, people with disability cannot expect support to effectively assert and exercise legal capacity and to have safeguards against abuse and exploitation in both informal and formal supported decision making arrangements.
Little or no effort is made to ensure that environmental barriers are addressed and supports and processes tailored to maximise a person’s chance to exercise their legal capacity without unnecessary resort to substitute decision-making.
The lack of formal communication assessments to assess a person’s capacity to communicate and inadequate efforts to ensure that alternate communication methods and augmented communication technology are available and supported with appropriate expertise significantly diminishes or denies a person legal capacity.
