Changing Paradigms: Mental Capacity, Legal Capacity, Guardianship, and Beyond

Author(s): Kristin Booth Glen
Publication Date: 2012
Publisher: Columbia Human Rights Law Review


The article discusses guardianship laws as of October 2012, focusing on an examination of mental capacity and legal capacity in regards to an individual’s decision-making process and the legal oversight of incapacitated people. International human rights laws and a disability rights movement are addressed in relation to the legal capacity of an individual. Thomas S. Kuhn’s book “The Structure of Scientific Revolutions,” which mentions the phrase paradigm shift, is also assessed, along with the United Nations Convention on the Rights of Persons with Disabilities.