Abstract
This paper provides an examination of the process used by ordinary courts in Chile when making legal capacity determinations. It provides an up-to-date account of various aspects of law and procedure related to legal capacity in this jurisdiction. Also, by drawing on semi-structured interviews with judges, this paper examines judicial understandings of legal capacity decision-making focusing on problems related to the medicalisation of mental disability and the participation of persons with disabilities in legal capacity procedures.
| Original language | English |
|---|---|
| Article number | 101735 |
| Journal | International Journal of Law and Psychiatry |
| Volume | 78 |
| DOIs | |
| State | Published - 1 Sep 2021 |
| Externally published | Yes |
Keywords
- Chile
- Legal capacity
- Medicalisation
- Mental disability
- Participation