Legal capacity refers to the right of people with disabilities to recognition everywhere as people before the law. Under international human rights law, people with disabilities have a right to legal capacity—which is distinct and independent from mental capacity—on an equal basis with individuals without disabilities. Supported decision-making mechanisms may be necessary to empower people with disabilities to exercise their right to legal capacity.
Source:
See CRPD Committee, General Comment No. 1 (2014) Article 12: Equality Recognition Before the Law, para. 39, U.N. Doc. CRPD/C/GC/1 (May 19, 2014).