Decision-making by and for adults with impaired capacity: the potential of the Dutch levenstestament

Description

The debate on article 12 UNCRPD has reached an impasse concerning the question whether measures of substitute decision-making can be abandoned completely, in favour of supported decision-making alternatives. A suggested way out of this impasse is moving beyond the question whether substitute-decisions are possible and instead focus on the question how decisions can be made with the care and respect the adult deserves. Anticipatory decision-making instruments –continuing powers of attorney and advance directives – are in this regard seen as a promising way forward in enhancing the adult’s autonomy by making the adult’s voice an influential component of future decisions. However, little is known about whether the potential of these instruments is realised in practice. In this presentation, I presented the findings of a study looking at the Dutch ‘levenstestament’. By means of interviews, the expectations of both adults and their nominated attorneys at the time the levenstestament is made and the experiences of attorneys at the time the levenstestament has become active, have been explored. This in order to gain insight into the role of the levenstestament in enabling decision-making for both adult and attorney at a time when the decision-making abilities of the adult are gradually declining.

Period	7 Jun 2022
Event title	7th World Congress on Adult Capacity
Event type	Conference
Location	Edinburgh, United KingdomShow on map
Degree of Recognition	International