The Institution of Guardianship for a Disabled Person - Functioning and Proposed Changes

Abstract

The institution of guardianship for a disabled person is regulated in Art. 183 of the Family and Guardianship Code. Pursuant to this provision, a guardian is appointed for a disabled person if that person needs help to conduct any matters or matters of a specific type or to settle a particular case. The article will discuss the conditions for the application of this institution, in particular the concept of disability within the meaning of the above provision, which has not been defined by the legislator, but is of key importance in the context of distinguishing the institution of guardianship for a disabled person from the institution of incapacitation, with which guardianship is sometimes confused. The procedure for appointing a guardian, the scope of his powers (regarding which various positions are presented in the doctrine and jurisprudence) and the method of regulating the relationship between the guardian and the disabled person will also be presented. De lege ferenda postulates will also be proposed, aimed at clarifying the existing provisions and improving the functioning of guardianship for people with disabilities, so as to increase the practical importance of this very useful, although currently a bit underrated institution.

Keywords

• guardianship, guardian, disabled person, disability