End of legal incapacitation: Polish parliament to hold public hearing on Wednesday

Poland’s Justice Ministry wants to end the institution of legal incapacitation and replace it with a system that supports people in making their own decisions. The ministry says the goal is to preserve as much autonomy as possible instead of allowing others to make decisions on a person’s behalf.

The bill introduces four forms of support: a legal assistant, a supporting guardian, a representative guardian and a registered proxy. A legal assistant would work under a voluntary written agreement, helping a person understand laws, contracts and official documents and accompanying them to offices or medical appointments. The assistant would not make decisions or act on the person’s behalf.

A court could appoint a supporting guardian, normally for up to five years, when someone needs practical help managing personal affairs. Like a legal assistant, the guardian would support the decision-making process but could not represent the person or submit declarations of intent.

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This change is about moving from replacing people in their decisions to supporting them in deciding independently, while preserving the greatest possible autonomy.

A representative guardian would be appointed when a person remains unable to carry out specific legal acts, even with support. The court would define the scope of the guardian’s powers, which could cover one matter or a wider range of personal and financial affairs. A registered proxy, appointed before a notary, would allow a trusted person to handle personal, financial, health and official matters if the citizen later lost decision-making capacity.

The proposal also calls for protective mechanisms against abuse, including time limits on guardianships. The parliamentary hearing on Sept. 2 will open a wider discussion involving experts, legal circles and representatives of people with disabilities. “This change is about moving from replacing people in their decisions to supporting them in deciding independently, while preserving the greatest possible autonomy,” Deputy Justice Minister Arkadiusz Myrcha said. “It is an important step toward creating a better, more open and fair society.”

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It is an important step toward creating a better, more open and fair society.