The author analyzes the legal consequences of the incapacitation of a minor. She distinguishes the sphere of extending the authority of parents and the sphere of its limitation and balances the shortcomings and benefits that result in the incapacitation of the child. It has been shown that the automatism, routine, and rigidity of restrictions on parental authority resulting from Art. 108 of the
Family and Guardianship Code cannot be approved by contemporary society, which values more and more individual approaches to the individual, as well as in the light of the standards resulting from the UN Convention on the Rights of Persons with Disabilities. The author proposes an amendment to this regulation to enable the court to flexibly define the scope of parents’ freedom in exercising parental
authority, tailored to the needs of a specific case. The danger of a temporary state of unrepresentation of the child was also noticed when the incapacitated child reaches the age of majority and parental authority expires. Therefore, the author proposes introducing a mechanism for the automatic transformation of parental authority into legal guardianship.