Incapacitation as a Means of Protection for People Suffering from Dementia Diseases

Abstract

Persistent dementia may be the cause of incapacitation, both partial and complete, while a decision in a specific case always depends on the fulfillment of the premises in which the court experts – doctors and psychologists – help to determine it. Nowadays, there are doubts about the protective function of incapacitation. In the literature, introducing guardianship authorization is proposed – a legal institution unknown in Polish law – which is granted for the future, in the event that the principal suffers from mental disorders. The advantage of these solutions is flexibility, which would allow the legal means to be better adjusted to the situation of a specific person.