Starting from the polysemy of capacity and its numerous expressive facets, the Author analyzes how and through which modalities the issue of the validity of consent and informed refusal is typically addressed in places of care. The discussion then moves on to examine the modifications brought about by the UN Convention on the Rights of Persons with Disabilities (CRPD) in this field, fully ratified by Italy, even though the law on informed consent and advance healthcare directives (Law No. 219 of 2017) did not take it into account. Finally, some practical suggestions are formulated to promote the virtuous practice of supported decision-making, which has not yet been developed in Italian care settings.
Keywords: legal capacity, decision-making capacity, Convention on the Rights of Persons with Disabilities, legal protectionism