ABSTRACT
The implementation of the standard set by this article requires amendments to the Civil Code where it concerns, in particular, active legal capacity and the premises its possible limitation. This suggests that not all CRPD Article 12 substitution mechanisms, and not in every case, are conceived as the expression and consequence of depriving persons with disabilities of active legal capacity. We believe the regulation of guardianship and curatorship for adults should be inserted into the Family and Guardianship Code, as a separate section of its Title III. The wording of CRPD Article 12.4 makes it unequivocally clear that constraints on exercise of legal capacity should be imposed for the shortest possible time. Legal solutions in the form of different types of guardianship for adults established by the courts should be supplemented by the possibility of granting guardianship powers of attorney, and the most appropriate place for its regulation would be the Civil Code where it deals with powers of attorney.
