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.