NEW GERMAN LEGISLATION ON GUARDIANSHIP IN THE LIGHT OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: A GOOD MODEL TO FOLLOW?
NEW GERMAN LEGISLATION ON GUARDIANSHIP IN THE LIGHT OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: A GOOD MODEL TO FOLLOW?

Summary/Abstract: The objective of this paper is to assess the new German legislation on guardianship against the standards set by the Convention on the Rights of Persons with Disabilities (CRPD), with particular emphasis on Article 12 concerning the legal capacity rights of persons with disabilities. The author argues that in spite of the fact that the reformed legislation is not fully aligned with the CRPD, as there are exceptions to the supported decision making “standard”, there is a clear intention of the legislator to strengthen the necessity principle and promote supported decision-making structures (i.e. Lasting Power of Attorney) which is certainly a step in the right direction. The reform process itself could also serve as an example for other countries, as the reform was carefully planned and grounded in extensive empirical and doctrinal research on existing shortcomings within the legal system and in practice and is undoubtedly a good model to follow.

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