The Ministry of Justice is drafting legislation to replace the current system of legal incapacitation with a model of supported decision-making, aiming to align Polish law with international standards for individuals with disabilities. <\/p>\n
The Ministry of Justice is working on a bill to end the uniform model of depriving individuals of their legal capacity. The proposed reform intends to strengthen the rights of people with disabilities by introducing a system of supported decision-making tailored to individual needs.<\/p>\n
Dr. Monika Zima-Parjaszewska notes that while the word “liquidation” of incapacitation sounds harsh, the reform is designed to address international standards, including the UN Convention on the Rights of Persons with Disabilities. The current system is increasingly viewed as oppressive by international organizations.<\/p>\n
Families of individuals with severe intellectual disabilities express significant concern regarding the new model. Many fear that the removal of total or partial incapacitation will create legal uncertainty and diminish the support systems currently available for their loved ones.<\/p>\n
Under the new proposals, instead of a court decision stripping legal capacity, various forms of support will be introduced. These range from assistance in understanding information to formal representation in specific situations.<\/p>\n
The bill introduces the institution of a supporting or representing guardian. Critics worry about the potential loss of family influence over decisions and the costs associated with the new framework. Dr. Zima-Parjaszewska clarifies that funding principles will not change; if an individual has no assets, the costs will continue to be covered by the social welfare system.<\/p>\n
A key aspect of the reform is that the will of the person with a disability is to be prioritized. Courts will first consult the individual to determine who they would like to act as their guardian, ensuring that the person\u2019s preferences remain central to the legal process.<\/p>\n
The primary hurdle remains the preparedness of public institutions, particularly courts, to handle individualized assessments of support needs. The reform will require extensive training and a long-term transition period to overhaul existing civil law practices.<\/p>\n
The government intends to proceed with the legislative process in the coming months, though experts emphasize that full implementation will likely be a multi-year effort.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Ministry of Justice is drafting legislation to replace the current system of legal incapacitation with a model of supported decision-making, aiming to align Polish law with international standards for individuals with disabilities. The Shift Toward Supported Decision-Making The Ministry of Justice is working on a bill to end the uniform model of depriving individuals […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-6630","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/6630","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=6630"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/6630\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=6630"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=6630"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=6630"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}