
The normative solutions that have been legally binding for almost sixty years with regard to the legal status of persons with mental or psychological disabilities are considered to be outdated and do not meet the standards set out by international law. The institution of incapacitation is particularly the subject of criticism in the present era. The dynamic development of the concept of human rights, coupled with a shift in perspective on the matter of individuals with mental or psychological disabilities, has given rise to a pressing need for a contemporary examination of the institution of incapacitation. In this context, the relevant normative solutions included in Polish law are not acceptable since they are based on an outdated model of deprivation or restriction of legal capacity of persons with mental or psychological disabilities, who are excluded from self-reliant legal transactions. An individualised approach to disabled persons, which respects their freedom and autonomy, enables the model of substituted decision-making to be excluded as a rule.