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Mary, a 40-year-old mother of two, experienced psychiatric diagnoses and mild cognitive impairment. Her family initiated guardianship proceedings in 2013 to resolve debts; forensic assessments and medical reports described cognitive deficits and inability to manage affairs. In 2015, the court imposed guardianship, appointing her parents and transferring parental responsibility for her daughter to her sister. Mary was often unheard in proceedings, confused about assessments and fearful of hospitalization or of losing her children. Despite legal reforms, her daily life remained controlled: medication, routines, and supervised work. Mary’s case illustrates medical dominance, procedural injustice, and the persistence of restrictive regimes that still affect so many persons with intellectual and psychosocial disabilities.

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Mary’s Story—“What’s in a court decision”: The Construction of Disabled People’s Legal (In)capacity

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  • 出版模式：

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  • 发表日期：

    2026年

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  • Fernando Fontes

摘要

Mary, a 40-year-old mother of two, experienced psychiatric diagnoses and mild cognitive impairment. Her family initiated guardianship proceedings in 2013 to resolve debts; forensic assessments and medical reports described cognitive deficits and inability to manage affairs. In 2015, the court imposed guardianship, appointing her parents and transferring parental responsibility for her daughter to her sister. Mary was often unheard in proceedings, confused about assessments and fearful of hospitalization or of losing her children. Despite legal reforms, her daily life remained controlled: medication, routines, and supervised work. Mary’s case illustrates medical dominance, procedural injustice, and the persistence of restrictive regimes that still affect so many persons with intellectual and psychosocial disabilities.