End of incompetence. 'This is an oppressive system'

Poland is on the verge of a significant legal reform that will abolish the current system of "incompetence" (ubezwłasnowolnienie) and introduce "supported decision-making." The project, developed by the Ministry of Justice, moves away from a uniform model of depriving individuals of legal capacity towards a tiered system of support tailored to individual needs.

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This is a systemic change and affects the foundations of civil law. This is a project that abolishes incompetence. The word abolition sounds bad, families fear they will be left without support, which is why education and dissemination of new solutions are necessary

This systemic change, affecting the foundations of civil law, aims to implement international standards, including the UN Convention on the Rights of Persons with Disabilities. The convention advocates for replacing substitute decision-making models with solutions that support individual autonomy. Dr. Monika Zima-Parjaszewska, president of the Polish Association for Persons with Intellectual Disabilities, described the current system as "oppressive," a sentiment echoed by international organizations and numerous personal accounts. She emphasized the need for education and dissemination of the new solutions as families express concerns about losing support.

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This is an oppressive system – I know it's controversial, but I'm not afraid of this wording, because international organizations have been emphasizing this for years and the stories of many people convince us

A key point of contention is whether individuals with profound intellectual disabilities will realistically be able to make legal decisions, even with support. Some families fear that the new regulations could increase legal uncertainty and complicate daily functioning. Under the proposed changes, instead of a single court ruling on complete or partial incompetence, various forms of support will be introduced. These range from assistance in understanding information and making decisions to representation in specific situations. Dr. Zima-Parjaszewska explained that the decision-making process can be lengthy, requiring information, consideration of consequences, and expression of will, with support potentially needed at each stage. She noted that many individuals with intellectual disabilities could make decisions about their lives with appropriate assistance, while others might require a curator for representation.

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The decision-making process can be long: you need to have information, foresee consequences, and finally express your will. And you can need support at every stage. Many people, e.g. with intellectual disabilities, could make decisions about their lives with appropriate support. For others, a curator can act as a representative

The reform emphasizes respecting the will of individuals with intellectual disabilities, even if communicated unconventionally or interpreted by others. Dr. Zima-Parjaszewska stated that identifying and respecting a person's will will be the responsibility of their supporters. The introduction of a supporting or representative curator is a significant element of the project, raising concerns among some families about losing influence over decisions concerning their relatives and potential costs associated with the new system. However, Dr. Zima-Parjaszewska stressed that...

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Seeking the person's will will be the task of the supporters