With the expected future changes to the law relating to adult decision-making capacity, the legal system in Aotearoa NZ will be moving away from the current standard of ‘best interests’ to ‘rights, will and preferences'.

While this is entirely consistent with the self-expressed desire of many in the disabled community, and with the provisions of the UNCRPD, this change cannot be to the extent that someone’s preference will result in them being unsafe or harming themselves or others. This highlights the hugely variable degrees of capacity even within the disability community itself.

Another issue for people with FASD is that a Court-appointed lawyer will sometimes ignore or minimise medical evidence because the person seems to have a better understanding of legal proceedings than they actually do.

This is particularly related to the difference in their expressive communication skills (which is generally in keeping with their peers) and their receptive communication skills (which is usually much younger than their peers) meaning they do not really understand what is being communicated to them.

Another confounding factor for FASD clients is their lack of understanding of cause and effect, and the consequences of their actions.