The institution of custody (care) and guardianship remains an essential element of the Polish system of the civil law. This article deals with custody and guardianship institutions in the context of an incapacitated person and furthermore about the institution of the temporary advisor, which is regulated in the Code of Civil Procedure. Both care, guardianship and temporary duties of advisers are associated primarily with the responsibility to act with due diligence while retaining the good of those under the care and tutelage, as well as the public interest. This purpose is dictated by the general rule arising from family law, which in the first place puts the child (ward) and its business, and afterwards the family. The aim of the article is to provide a framework of these institutions in the Polish law, some proposals of changes in order to ensure proper social and law activity.