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Selected issues on legal grounds for legal incapacitation

Summary/Abstract: The institution of incapacitation constitues a strong interference in the sphere of constitutional rights and freedoms of the individuals. Premises, the fulfillment of which makes it possible to declare a partial incapacitation have a different character. Considerations on the topic were taken both in judicature and in the literature. Against this background, there have been numerous disputes regarding the importance and use of the institution of incapacitation. We can divide the premises of both full and partial incapacitation rulings into codex and non-codex, which were developed on the basis of jurisprudence. The article presents the difficulties that judges currently face when resolving cases of legal incapacitation. An issue that raises significant doubts is the method and the obligation to determine whether a given legal incapacitation will be intentional and whether it will serve only the interests of that person. The legislator should clearly regulate this issue by indicating directly in the Act about the need to consider by the court whether the incapacitation of a given person is intentional and serves his interests.

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