Procedural and material aspects of the protection of the rights of a person subject to proceedings for legal incapacitation – Part II

The aim and effect of the procedure for legal incapacitation is to ensure the widest possible social integration and the widest possible autonomy of the incapacitated person; the procedure should provide the disabled person with full procedural guarantees enabling him or her to have a fair hearing and to make an equitable decision, not only regarding the issue of incapacitation, but also on the revocation of the incapacitation or on a change in the type of incapacitation. In the first part of the paper, we presented the problem of legal incapacitation, answered questions about who could initiate the proceedings for legal incapacitation, who could be a participant of such proceedings, whether issuing a certificate of health condition is a necessity, and we presented the procedural aspect of protecting the rights of a person against whom proceedings for incapacitation are pending. In the second part of the manuscript, we described the characteristics of the institution of temporary advisor and guardian ad litem as well as the material aspect of protecting the rights of a person against whom proceedings for incapacitation are pending.