Ocena petycji w sprawie zniesienia instytucji ubezwłasnowolnienia

The petition under review concerns the proposal to abolish the institution of total and partial incapacitation, to introduce the institution of assistant care and the care with a concurrent representation. In the opinion of the author, the reform of the institution of legal incapacitation is required to fulfil international obligations. However, the solution proposed in the petition may insufficiently protect the interests of the protected person, his/her family, relatives and other legal entities. The author suggests that in some cases legislation should enable the possibility to apply substitution measures and, moreover, it is worth to consider introducing a mandatory periodic verification of the existence of the reasons for the use of a guardianship measure, in case of commencing activities on amending the relevant provisions.