Legal Framework of the Accompanied Adult: Regime and Challenges in the Light of the CRPD
摘要
In this chapter, we describe the main features of the Portuguese legal framework for the accompaniment of adults with disabilities, its objectives, scope of application and general principles of necessity and subsidiarity. This regime seeks an individual response, with tailor-made measures which must be fitted into an accompanying legal regime. This legal framework respects the autonomy of will, especially in aspects relating to legal standing, procedural participation and the possibility of a mandate for future accompaniment. However, there are still aspects of this legal framework that need to be improved, essentially with a view to bringing it closer to the human rights model established by the United Nations Convention on the Rights of Persons with Disabilities.