At what age is a person presumed to be competent, even with significant intellectual impairment?

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The presumption of competency at the age of 18 is grounded in legal, social, and developmental norms. By this age, individuals are considered adults in most jurisdictions, granting them the legal rights and responsibilities associated with adulthood, such as the ability to enter contracts, vote, and make their own decisions regarding healthcare and personal matters. This recognition reflects an understanding that, regardless of intellectual impairment, individuals are entitled to certain rights and autonomy unless proven otherwise.

The age of 18 serves as a critical marker for the transition into adulthood, promoting the reinforcement of independence and self-advocacy. In practices related to direct support, it is crucial to acknowledge that all individuals, including those with significant intellectual impairments, are entitled to opportunities for self-determination and personal agency. This perspective emphasizes that competency is presumed at this age, and any challenges to this presumption must be substantiated through appropriate legal assessments, rather than assumptions based on disability.

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