Countries all over the world are experiencing the effects of gradually aging populations, one of which is an increase in the number of individuals who are on the verge of losing or have already lost their mental capacity, or their ability to make decisions (as assessed according to legal standards). This raises important questions, such as how capacity should be assessed and how decisions can be made on the behalf of such individuals in ways that are compliant with international human rights instruments such as the UN Convention on the Rights of Persons with Disabilities (if at all). These questions arise across a range of contexts, several of which CMEL’s research focuses on, including: (1) legal regimes that permit decision-making on behalf of individuals, such as Committee and adult guardianship regimes and (2) advance medical directives.

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