Supported Decision-Making Law: Emancipation or Just Another Facade?

The Polish government’s proposed legislation aims to replace archaic incapacitation with a system of supported decision-making, though experts warn it may inadvertently create a new, equally restrictive legal framework.

The “Incapacitation 2.0” Critique

Government Bill UD80 seeks to modernize the legal status of people with disabilities. However, critics and parents argue that in practice, it may become “incapacitation 2.0.” While the text offers precise support tools, there are significant fears that under-resourced and overloaded courts will default to standardized, mass-appointed guardianships.

Critics claim this shifts the entire burden and cost of organizing real support onto families while the state merely maintains a legal facade. The legislation is currently under parliamentary review, having been referred to the Social Policy and Family Committee and the Justice and Human Rights Committee following its first reading on June 17, 2026.

Legal Framework and Proposed Instruments

The project aims to align Polish law with the UN Convention on the Rights of Persons with Disabilities, prioritizing autonomy and dignity. It proposes four primary instruments: a legal assistance agreement, supporting guardianship, representative guardianship, and registered power of attorney.

The legal assistance agreement is a contract between the supported person and an assistant. Unlike traditional systems, the assistant is meant to provide support rather than make decisions on the person’s behalf. These agreements must be in writing to be valid and cannot be delegated to third parties.

Judicial Oversight and Guardian Roles

The court will determine the scope of guardianship based on the individual needs of the person. A supporting guardian assists those who maintain decision-making capacity but require help with specific tasks, while a representative guardian acts as a more intrusive measure where the court defines the limits of decision-making authority.

Guardianships are intended to be set for a fixed term, typically not exceeding five years. In cases where a person’s health is unlikely to improve, a representative guardian may be appointed for up to ten years. The court is tasked with periodically assessing whether this support remains necessary.

Future-Proofing Autonomy

The bill introduces a registered power of attorney, allowing individuals with full legal capacity to designate a representative in advance for a time when they may no longer be able to manage their own affairs. This is intended to empower individuals to plan for their future health and personal matters proactively.