The article is devoted to one of the basic, from the point of view of human rights, institutions of private law, namely the institution of incapacitation. Over the years, this institution has been the subject of analyzes, although too few, taking into account its significance. The article has been divided into two parts. The first discusses the currently applicable provisions of private law regarding incapacitation. The second part of the article is devoted to the analysis of the concept of proposed changes in the provisions on incapacitation. Both parts have been completed with tables to illustrate the most important issues related to the discussed topics. The author’s intention was to explain these provisions and proposed changes in the most accessible way, so as to enable the reader to read the article, regardless of his education. The interviews included in the study aim to answer the question whether the current provisions on legal incapacitation comply with basic human rights, or whether they have become somewhat "obsolete" and require thorough changes. The aim of the article was to draw readers' attention to the problem of the legal situation of mentally ill people and to the need to adjust legal regulations in this respect to the needs of modern times.