ABSTRACT
The present work will address the possibility of substitutive health consent in cases of people in situation of guardianship, to ascertain whether the legal representative of the person with disabilities would be allowed to decide also on existential aspects. Therefore, an analysis of free and informed consent will be made as materialization of respect for the patient’s autonomy, and their validity requirements, especially regarding capacity. The changes promoted by the Statute of Persons with Disabilities to promote the inclusion and autonomy of persons with disabilities, especially regarding the limits of guardianship, will also be analyzed.
KEYWORDS:
Informed consent; Autonomy; Statute of Persons with Disabilities; Guardianship