When can an adult be legally incapacitated in Poland?

Full legal incapacitation is available where a person is unable to manage their own affairs due to mental illness, intellectual disability, or another disorder such as dementia. Partial incapacitation applies where the person needs assistance but retains some capacity to act independently. The proceedings are conducted before the regional court and require an expert psychiatric report.

Who can be appointed as a legal guardian?

A legal guardian is appointed by the guardianship court — typically a close relative (spouse, parent, adult child). If no suitable family member is available, the court may appoint another individual or an organisation. The guardian acts under the court's supervision and must obtain judicial approval for significant acts relating to the ward's assets.

What are the duties of a legal guardian?

A legal guardian is obliged to look after the person and property of the ward, submit annual reports to the court on their activities, and obtain court approval for acts exceeding ordinary management (such as selling property or accepting or disclaiming an inheritance). We help guardians fulfil their formal obligations and provide ongoing legal support for the management of the ward's affairs.

What happens to a minor if both parents die?

If both parents have died or have been deprived of parental responsibility, the guardianship court appoints a guardian for the minor — most commonly a close relative. The guardian is responsible for the child's personal welfare and manages the child's assets under court supervision. We conduct proceedings to establish guardianship and support guardians in fulfilling their role.

Can a declaration of incapacity be challenged or reversed?

Yes — if the grounds for incapacitation have ceased to exist (for example, due to an improvement in health), an application to revoke or vary the incapacitation may be filed. The application may be brought by the incapacitated person themselves (if partially incapacitated), their guardian or curator, or by the prosecutor or the Polish Ombudsman. We represent clients in both incapacitation proceedings and applications for their revocation.

How long do incapacitation proceedings take?

It depends on the court, the availability of experts and the circumstances of the case. Incapacitation proceedings usually take from several months to around a year, with the wait for the expert opinion and the scheduling of the hearing typically taking the most time. Proceedings to appoint a guardian for a minor can be quicker. Preparing a complete application with the medical records from the outset helps to avoid delays, which is why we attend to this when the petition is filed.

Whom will the court appoint as guardian or curator, and can a specific person be proposed?

The guardianship court is guided by the welfare of the protected person and first considers the closest relatives — a spouse, parents or adult children. You may name a proposed guardian in the application, and the court takes that proposal into account. If there is no suitable or willing family member, the court may appoint another person or draw on candidates put forward by the social-welfare centre. A person deprived of public rights or of parental responsibility, or whose interests conflict with the ward's, cannot serve as guardian. We help prepare the application so that the right candidate is named and justified.

What must a guardian account for to the court?

A guardian acts under the continuous supervision of the guardianship court. At intervals set by the court, and no less than once a year, the guardian files a report on the ward's personal situation together with accounts of the management of their assets; the court reviews these on the merits and for accounting accuracy and approves them in whole or in part (Articles 165–168 of the Family and Guardianship Code). Separately, the guardian must obtain the court's approval in advance for any important matter concerning the ward's person or property — for example, selling real estate or accepting or disclaiming an inheritance (Article 156 of the Family and Guardianship Code, Article 593 of the Code of Civil Procedure). We prepare the accountings and the applications for approval so that these duties are met on time.

Services

Guardianship of Minors and Adults Lacking Legal Capacity

We guide families with care through incapacitation, guardianship and curatorship proceedings, guardianship of minors, and the ongoing duties of a court-supervised guardian.

When a loved one can no longer manage their own affairs — because of illness, disability or age — Polish law allows a guardian or curator to be appointed for them, or a declaration of legal incapacity to be made, always under the supervision of the court. We help families move through these proceedings calmly and with respect for the dignity of the person concerned — from assessing the situation, through the application to the court, to taking on the role of guardian.

Key facts

Types of incapacitation: Full (Article 13 Civil Code) and partial (Article 16 Civil Code)
Competent court: Regional court (incapacitation); guardianship court — the family division of the district court (guardianship and curatorship)
Who may apply: Spouse, relatives in the direct line, siblings, statutory representative (Article 545 Code of Civil Procedure); the public prosecutor may also bring the application
Guardian vs. curator: Guardianship — for minors without parental care and for the fully incapacitated; curatorship — for the partially incapacitated
Court application fee: PLN 100 (plus the cost of court-appointed expert opinions)
Court supervision of the guardian: Annual accountings and court approval for important matters (Article 156 Family and Guardianship Code)

We represent families in proceedings for full incapacitation (Article 13 of the Civil Code — where, because of mental illness, intellectual disability or another disorder such as advanced dementia, a person is unable to manage their own affairs) and for partial incapacitation (Article 16 of the Civil Code — where an adult merely needs help in conducting their affairs). These cases are heard by the regional court, and the application may be filed by the spouse, relatives in the direct line, siblings, or the statutory representative (Article 545 of the Code of Civil Procedure); the public prosecutor is also entitled to bring it. For a fully incapacitated person the guardianship court appoints a guardian; for a partially incapacitated person it appoints a curator. We also handle applications to revoke or vary incapacitation once its cause has ceased. We also assist with the appointment and variation of guardianship over minors, particularly where a child has been orphaned or parents have been deprived of parental responsibility — guardianship is then established by the guardianship court (the family and juvenile division of the district court), usually from among the closest relatives. We help guardians and curators carry out their duties under the court's supervision: we prepare the annual accountings, obtain the guardianship court's approval for acts exceeding ordinary management of the assets and for other important matters (Article 156 of the Family and Guardianship Code, Article 593 of the Code of Civil Procedure), such as selling property or accepting or disclaiming an inheritance, and we handle the ward's day-to-day affairs. At every stage, we keep the rights and dignity of the protected person at the centre of our work.

When do you need this service?

A loved one is losing the ability to manage their own affairs — through dementia, illness or a serious accident
An adult child with an intellectual disability is turning 18 and needs ongoing legal representation
A child has been orphaned, or parents cannot exercise parental responsibility, and a guardian must be appointed
As a guardian or curator you need the court's approval for an important act (for example, selling a flat or accepting an inheritance)
An accounting is due to the guardianship court and you need help preparing it
The cause of an incapacitation has ceased and you wish to apply to revoke or vary it

How the process works

1
Conversation and assessment of groundsWe discuss the family and health situation of your loved one calmly and assess whether there are grounds for incapacitation or for appointing a guardian or curator, and which solution best protects them.
2
Preparing and filing the applicationWe draft the application together with the medical records and supporting evidence, and file it with the competent court — the regional court in incapacitation cases or the guardianship court in guardianship and curatorship cases.
3
Examination by court expertsIn incapacitation cases the court refers the person for examination by an expert psychiatrist and, where needed, a psychologist or neurologist, who prepare an opinion on their condition.
4
The hearingWe represent the family at the hearing; in incapacitation cases the public prosecutor also takes part, and the court hears the person concerned wherever possible.
5
Decision and appointment of a guardian or curatorOnce the order is issued, the guardianship court appoints a guardian (for full incapacitation or for a minor) or a curator (for partial incapacitation); a guardian takes up the role by making a pledge before the guardianship court (Article 153 of the Family and Guardianship Code).
6
Ongoing duties and reportingWe support the guardian or curator in carrying out their role: filing the annual accountings, obtaining the court's approval for important matters, and managing the ward's assets day to day.

What you'll need

Details of the person the proceedings concern, and of the applicant and closest relatives
Medical records confirming the state of health (certificates, treatment records, medical opinions)
Civil-status records confirming the family relationship (for example, a marriage or birth certificate)
For guardianship of a minor — the parents' death certificate or the ruling concerning parental responsibility
Information about the protected person's assets, where the court's approval for a property transaction is needed

What we cover

Partial and full incapacitation proceedings
Appointment and modification of guardianship for minors
Cross-border and family-conflict guardianship cases
Obtaining guardianship court approval for significant transactions
Management of the ward's assets
Protecting the rights and dignity of persons requiring care

Frequently Asked Questions

Ready to discuss your case?

Our lawyers are available to advise you in Polish, English, German, Ukrainian and Russian.

Discuss your case