ABSTRACT

This chapter presents Dermot Lowndes's story. Dermot's story, as he just presented it, is inspiring and illustrating in several aspects. The story clearly shows that the solution adopted in 2001 deeply influenced Dermot's life. Article 12.5 Convention on the Rights of Persons with Disabilities compels the State to protect and ensure Dermot's right to own and inherit property. The State also has an obligation to ensure that he is not arbitrarily deprived of it in any way. Dermot's situation within the inheritance procedure required him to decide what to do when he felt he was not treated fairly. This decision was complex and likely to influence his future. The recognition of the right to legal capacity is essential for access to justice in many respects. Recognition of legal personality would not suffice to ensure effective protection of an individual's rights without appropriate support enabling him to perform his legal agency.