Three Jurisdictions Report: Towards Compliance with CRPD Art. 12 in Capacity/Incapacity Legislation across the UK

This report is the culmination of a collaborative sixteen-month project undertaking an assessment of capacity/adult incapacity legislation in the three legal jurisdictions of the UK. Compliance with the CPRD is a work in progress in the three jurisdictions of the UK. We identify a number of recent legislative innovations that have the potential to bring the UK closer to compliance. We consider measures commonly employed in the three jurisdictions but but hitherto hardly addressed in discussion of CPRD compliance, in particular autonomous measures such as powers of attorney and advance directives, which present particular challenges and opportunities in the context of CRPD compliance. We also identify a number of other areas in which the statutory arrangements in the UK still fall short of compliance with CRPD Art. 12. We advance a series of recommendations about how the three UK jurisdictions can remedy these areas of non-compliance.

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