Permissibility of a Power of Attorney in the Event of a Lack of Capacity to Consent

Journal Title: Studia Iuridica - Year 2017, Vol 71, Issue

Abstract

The paper describes the regulations of the Council of Europe concerning medical powers of attorney and permissibility of such powers of attorney under Polish law. The author tries to consider whether a medical power of attorney is capable of functioning within the boundaries laid down under the current regulatory regime or whether new agency provisions are necessary. The paper discusses the interpretation of Article 95 § 1 of the Civil Code and the notion of “nature of a legal act”. At the end of the article a reference is made to the European legal tradition as a common ground for Polish and Ukrainian law.<br/><br/>

Authors and Affiliations

Albert Pielak

Keywords

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  • EP ID EP235146
  • DOI 10.5604/01.3001.0010.5826
  • Views 92
  • Downloads 0

How To Cite

Albert Pielak (2017). Permissibility of a Power of Attorney in the Event of a Lack of Capacity to Consent. Studia Iuridica, 71(), 169-180. https://europub.co.uk/articles/-A-235146