Abstract

There is a legislative gap in the applicable laws concerning regulation of parents’ contacts with their legally incapacitated adult child for whom a guardian has been appointed. That issue was considered by the Supreme Court, which in its resolution of 17 May 2018 resolved that it was impossible to regulate such contacts. It is hard to accept this resolution, which in fact does not solve the problem of parents’ contacts with legally incapacitated adult children. The assumption that the consequences of the lack of appropriate regulations are to be borne by the relatives of an incapacitated person is unacceptable, not in the least owing to the possibility of using analogies, the constitutional principle of protection of family or the principle of wellbeing of people under guardianship including the need of contacts with the family.