Protective measures: Total and partial incapacitation
Legal framework: Polish Civil Code (PCC) – Articles 13 and 16; Polish Civil Procedure Code (PCCP) – Articles 544 et seq
Competent authority: Regional Courts (Sądy Okręgowe)
Access requirements:
- total incapacitation: A person which is unable to understand or control their actions due to mental illness, mental disorder, alcoholism, or drug addiction.
- A person has limited ability to manage their affairs, but they still maintain some legal capacity. They need assistance for certain tasks (e.g., financial decisions), but do not lose all legal rights.
Procedure:
- Filing an Application:
- Submitted to the regional court where the person resides.
- Must include proof of relationship (civil records) and, if available, medical records.
- Medical and Psychological Assessment:
- The court appoints medical experts (psychiatrists, psychologists) to evaluate the individual’s condition.
- Additional witnesses (family, social workers, neighbors) may be interviewed.
- Court Hearing and Decision:
- If total incapacitation is granted:
- The individual loses full legal capacity.
- A guardian (opiekun) is appointed to manage all decisions (personal, financial, legal).
- If partial incapacitation is granted:
- The person retains some legal capacity but needs assistance.
- A curator (kurator) is appointed to support decision-making but does not control finances.
- If total incapacitation is granted: