Question 1

When can an adult be legally incapacitated in Poland?

Accepted Answer

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.

Question 2

Who can be appointed as a legal guardian?

Accepted Answer

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.

Question 3

What are the duties of a legal guardian?

Accepted Answer

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.

Question 4

What happens to a minor if both parents die?

Accepted Answer

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.

Question 5

Can a declaration of incapacity be challenged or reversed?

Accepted Answer

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.

Guardianship and Legal Incapacity Proceedings

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