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

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.