Abstract

The article discusses the effectiveness of appointment of a representative ad litem by a mentally disturbed person In civil proceedings, such a person benefits is capable of performing procedural acts independently (Art. 65 of the Code of Civil Procedure) if he or she has not been incapacitated. With reference to the Supreme Court resolution of 26 February 2015, III CZP 102/14, the author shares the view that the power of attorney to act in civil proceedings is a procedural act the effectiveness of which is not dependent on the existence of an interrelationship between the principal and the representative (in most cases a legal representation contract). In that connection, this type of a power of attorney may be effectively granted by a mentally disturbed person who is capable to be a party to legal proceedings even if there are grounds for to recognize a legal representation contract to be invalid owing to the fact that that person acted in a state of mind precluding a conscious or free decision and declaration of intent (Art. 82 of the Civil Code).