.png)
For many years, in Mexico, the answer was yes. There was a legal figure that made it possible to take away from a person the possibility of making their own decisions and leaving everything in the hands of a third party: the so-called State of interdiction.
In practice, its consequences were very profound. Once declared in that state, another person could decide on money, assets and even the most personal aspects of their life, on the assumption that the person with disabilities could not do it themselves.
That has changed.
The interdiction state was a figure of Mexican civil law that absolutely restricted the legal capacity of a person with disabilities, transferring full control of their life to a guardian appointed by a judge. The central problem was that it applied almost automatically to the existence of a disability, without analyzing the real situation of each person or what they themselves wanted for their life.
This meant that, under that figure, a person could be unable to decide where to live, what to do with their money or how to relate to others, without their own voice being important in the process.
La First Chamber of the Supreme Court of Justice of the Nation (SCJN), when solving the Protection under Revision 1368/2015 On March 13, 2019, determined that the interdiction state is unconstitutional and incompatible with the Convention on the Rights of Persons with Disabilities, an international treaty signed by Mexico.
The Court concluded that this figure represents a disproportionate restriction on the right to legal capacity, which does not pass the strict scrutiny test because it is based on a suspicious category: disability. In addition, he declared it discriminatory, since it nullifies any possibility for the person to participate in decisions about their own life project.
This criterion has been reaffirmed in several isolated theses published in the Federal Judicial Weekly: 2026640, 2026639, 2025602, 2025583 And 2019961, consolidating a new way of understanding the rights of people with disabilities in Mexico.
The change established by the SCJN is fundamental. The call is abandoned Will replacement model, in which a third party decided everything on behalf of the person with disabilities, and the model of supports and safeguards.
Under this new approach, disability cannot be a reason to strip someone of control over their own life. Everyone, including those with disabilities, has the right to decide for themselves. In cases where help is needed to understand or carry out certain acts, this help does not replace the person's will, but it accompanies and guides them, always respecting their preferences.
This new criterion implies that judges can no longer decree a state of interdiction that nullifies a person's decision-making capacity. Instead, they must identify the specific supports that each person needs to fully exercise their legal capacity, ensuring at all times that their will is heard and respected.
For families and individuals who are already in a situation of enacted prohibition, this change opens the door to reviewing these resolutions and moving towards a fairer scheme in accordance with human rights.
This judgment of the Supreme Court represents a significant step forward in the area of rights of people with disabilities in Mexico. Recognizes that legal capacity is an inherent attribute of all people and that no medical condition or diagnosis can justify depriving someone of the right to decide about their own life.
Do you have questions about how this change may affect a specific family or property situation? In RRQB Legal Solutions we have specialists in family law and human rights who can guide you. Contact us.
.png)
.svg)
.svg)
