The International Convention on the Rights of Persons with Disabilities replaces the individual, subjective and medical paradigm of the person with mental suffering under the bias of segregation and neutralization of the factual situations with a social model inclusive of human rights, of the promotion of dignity that results in a transcendent turn in the condition of the person with disability, in two manners: a) ensuring access to fundamental rights (housing, health, education); b) reinforcing the private autonomy of the person with disability - even when under a curatorship - by creating and reformulating proportional and flexible legal models that are capable of preserving the space of self care of the subject of such rights, to the extent possible. There is a social context that requires adjustment so that all human beings may actively participate in community life and remain in the center of the decisions that affect them. Legal and sanitary classifications can no longer be based solely on mental health precedents or diagnosis. This new paradigm has an expansive force that spreads into other sectors, requiring a reconfiguration of the limits of the ability to act, the invalidity of business transactions, and the protection of the person and their equity. Incapacity will be a residual, exceptional, and restrictive response used only when the less encumber some alternative of restriction of capacity is inappropriate given the person’s total impossibility of interacting with its environment and expressing their will, and provided that the support system set as initial help for the exercise of capacity is lacking