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End of Incapacitation: New Supported Decision-Making Tools for Adults

This law abolishes the institution of full and partial incapacitation, replacing it with a flexible model of supported decision-making. It introduces four new instruments: a legal assistant, a supporting curator, a representing curator, and a registered proxy, all designed to help adults manage their affairs. These changes aim to respect the autonomy and dignity of every individual by tailoring the scope of support to their specific needs and capabilities.
Key points
Abolition of incapacitation: Every adult will have full legal capacity, and existing incapacitation rulings will be replaced by new forms of support.
New support instruments: A legal assistant (support agreement), a supporting curator (factual help), a representing curator (acting on behalf or with consent), and a registered proxy (future safeguard) are introduced.
Registered proxy: Any adult can establish a proxy before a notary to manage their personal and financial affairs in the event they lose the ability to direct their own actions.
Increased court oversight: Curators will be appointed for a fixed term (maximum 5 or 10 years), and their actions will be subject to regular court review to prevent abuse.
Changes across many life areas: The new regulations will impact family law, inheritance, electoral rights, professional practice, and access to health and social benefits.
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Status:
Introduced
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Additional Information
Rządowy projekt ustawy o instrumentach wspieranego podejmowania decyzji.
Print number: PROJEKT USTAWY 2645
Process start date: 2026-06-09