Rozważania nad wsparciem osób starszych w obrocie cywilnoprawnym
A discussion on supporting the elderly in legal transactions

Summary/Abstract: This article is a contribution to research on the optimal model of support for older people in terms of their participation in civil law transactions, in particular in the area of their legal capacity and possible assistance in carrying out such activities. The aim of this study is to define preliminary guidelines relating to the proposed new model, recognizing that the legal system should ensure the possibility of extensive use by older people of innovative legal tools tailored to their real needs and supporting their active participation in legal transactions. The work uses the method of investigation of the law in force and the legal comparison method. The measures proposed in this study assume, firstly, a discussion on abandoning the use of total incapacitation in the case of elderly people, which excludes people with old age conditions from participation in civil law transactions. Secondly, introducing the priority of pre-emptive solutions in the area of shaping the legal situation of older people, based on the institution of representation, and more precisely a lasting (preventive) power of attorney. The innovative regulations should be based on the paradigm according to which the state should be the guardian of rights, and not the decision-maker in shaping the situation of older people in civil law transactions, and, consequently, the actions of state institutions should be final.

• Details
• Contents