What is a support plan and how is it developed?
The United Nations Convention on the Rights of Persons with Disabilities, signed in New York on December 13, 2006, introduced a paradigm shift in the conception of disability.
The main premise of the Convention is that all persons have legal capacity on an equal basis with others in all aspects of their lives; and its purpose is to promote, protect and ensure the full enjoyment, on an equal basis, of human rights and freedoms for persons with disabilities, as well as respect for the inherent dignity of persons.
The change in model in the legal treatment of disability promoted by the United Nations Convention has caused one of the most significant reforms in our legal system, which materialized with the approval of Law 8/2021 , of June 2, which reforms civil and procedural legislation to support people with disabilities in the exercise of their legal capacity.
The New York Convention
The new regulation on legal capacity understands disability as a human rights issue , turning people with disabilities into true subjects of law and not mere recipients of welfare services. This change implies that people with disabilities must not only be guaranteed all their rights and be able to exercise them under equal conditions, but they must also fulfil all the duties and obligations that, as a subject of law, they are attributed with.
Entities that support the exercise of legal capacity accompany people in the exercise of their rights and in the fulfillment of their obligations, whenever possible, taking into account their will, desires and preferences.
The new procedure for providing support measures abandons the traditional system of incapacity with figures such as guardianship and curatorship, often of a very protectionist and paternalistic nature, and moves on to determine those specific supports that each person may require in the different areas of their life and that must allow them to develop under equal conditions as the rest.
The mission of the entities that support the exercise of legal capacity , through the figure of assistance, is to accompany people in the exercise of their rights and in the fulfillment of their obligations, whenever possible, taking into account their will, desires and preferences. The exercise of assistance must aim to allow the full development of the person in conditions of equality , as well as to encourage them to exercise their legal capacity with less support in the future.
Legislative reform is an important and essential step, but it must be accompanied by a maturing process of change in society, in the social vision of people with diversity and in their capacity to make decisions.
What does the support plan consist of?
Within this framework, the support plan is placed: a document that is developed with the aim of helping the person in their recovery and well-being process , prepared in collaboration with them and, if valued and depending on the assistance provided, by their relatives. This joint preparation becomes the key piece of the procedure, since it allows the person's will to be captured and that they are committed to the objectives established in the plan and become jointly responsible for their fulfillment.
It is for this reason that it is essential that the person is informed and involved , that clear and understandable language is used, and that as many adaptations as necessary are made.
To develop the support plan, you must start from:
- The person's will.
- The content of the resolution to provide support measures, whether in a judicial or notarial procedure.
- The identification of the areas in which the person needs support to exercise their legal capacity.
- The powers conferred on those who exercise support in each area.
The support plan is established at the beginning of the measure and is a document that changes depending on the needs and desires of the person , but also on their evolution. In order for the person to achieve their life projects, the relevant professionals will need to remain attentive to their needs and position themselves on a level of equality, without paternalistic attitudes and use tools such as active listening and empathy.
The support plan is developed with the aim of helping the person in their recovery and well-being process, prepared in collaboration with them and, if applicable, with the family.
In the initial phase, when support measures are established, the most important thing is to create a bond with the person . A foundation of mutual trust is needed, which may not be there initially, since the supports established are not always experienced positively by the person. Establishing the bond and starting to work on the goals from this foundation is essential.
How to develop a support plan
To develop the support plan and so that the person can exercise their full legal capacity , it will be necessary to take into account different aspects of their life, such as:
- Where you reside: independently, with your family, in a residential or care facility.
- The diagnosis: cognitive impairment, mental disorder and/or disability.
- Your economic capacity: income you may receive (salary, pension, income from material goods, etc.).
Some of the common elements that are worked on in the support plan may be:
- The identification of the person's needs , as well as the difficulties they present, in order to adapt them to what they really need.
- The definition of the objectives that you want to achieve, both in the short, medium or long term, always taking into account that they can be modified, changed or eliminated as the person's situation varies.
- The inclusion of the necessary actions that allow the achievement of these objectives: defining what activities the person will have to carry out, or what resources they will need to link to, in order to, for example, have good adherence to pharmacological treatment, to remain abstinent from toxic substances, to carry out a process of acceptance of their illness or disorder or to improve their interpersonal relationships.
- The person's social integration : is key to their personal development, and the support plan must contain whether they maintain their own support network or whether it is necessary to focus on inclusion in the community, if they so desire.
- The financial resources you have and how to manage them well.
For this reason, it is necessary to carry out periodic monitoring and evaluation, based on indicators that help measure the achievement of objectives , as well as maintain periodic coordination with entities or external resources.
It must be taken into account that the support plan is a living element, changing and modifiable , whenever the person wishes, and, therefore, it must be adapted to their needs and wishes.
The support plan should be understood as a tool and a guide in constant evolution throughout the person's life trajectory, which can become very useful for the continuous improvement of care and support for people who receive support in the exercise of legal capacity.
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