Planned civil law changes for 2025 – audiovisual wills and medical power of attorney

The year 2025 may bring significant changes to Poland’s civil law. Two revolutionary regulations are planned as part of the amendment to the Civil Code: the introduction of an audiovisual will and a medical power of attorney. Both solutions are aimed at adapting the law to the modern needs of society and facilitating key decision-making in difficult life situations.

Audiovisual wills – a new way of expressing the last will

Audio-visual wills are a response to the challenges posed by the rapid development of technology and the need to simplify the process of drawing up a will in specific situations. Currently, wills in Poland can be made in writing, notarised or orally (in certain circumstances). The planned amendment will introduce the possibility of recording a will in audio-visual media in special situations, such as a life-threatening emergency. 

Key rules for making an audiovisual will:

• The testator must identify themselves on the recording and unambiguously state their will.
• The will should be recorded on a durable medium.
• It is advisable to specify the date and place of the recording.
• The will must be delivered to the court of succession, which will ensure its verification.

Benefits of audiovisual wills:

• Facilitating the making of a will in emergency situations where traditional forms are not available.
• The ability to express a will quickly using commonly available devices such as smartphones or cameras.
• Increasing the credibility of the will by allowing the testator’s behaviour to be observed on the recording.

Despite the many advantages, audiovisual wills may also raise some concerns. Examples include the potential difficulty of interpreting the expressed will, and the risk of recordings being falsified or lost.

However, the new form of will is intended to facilitate decision-making for people who, for various reasons, are unable to make a will in writing. The draft assumes that the court will make the final decision on the validity of such a will.

You can read more about audiovisual wills in this article.

Medical power of attorney – decision support

The second significant change is the introduction of a medical power of attorney, which will be a special type of registered power of attorney. This power of attorney will allow the patient to designate a person authorised to make decisions about their health when they themselves are unable to make them consciously, e.g. due to a serious illness.

This is particularly important in situations where the patient loses the ability to consciously express his or her will. A key premise of this solution is that the power of attorney will be activated immediately when the patient loses decision-making capacity, allowing decisions about treatment or care to be made quickly and efficiently.

Key assumptions:

• The power of attorney is activated when the patient loses decision-making capacity.
• It must be drawn up in the form of a notarial deed and entered in a special register.
• The scope of decisions that the power of attorney can make will be specified in the power of attorney.
• A medical power of attorney expires when the patient regains decision-making capacity or when the patient dies.

The most important feature of a medical power of attorney is therefore that the person granting it can precisely define the scope of the proxy’s powers, which is an important guarantee for the protection of the patient’s rights and the implementation of his or her wishes in the event of a deterioration in his or her health. At the same time, if the patient regains decision-making capacity or dies, the power of attorney automatically expires.

The new regulations introducing medical power of attorney are intended to provide greater protection for patient autonomy, while eliminating the need for the institution of incapacitation. Indeed, the medical power of attorney is part of broader changes to Poland’s civil law, which envisage the elimination of the institution of incapacitation in favour of a model of supported decision-making.

Modern solutions for emergencies

The planned changes to civil law for 2025 are likely to bring significant improvements for citizens. Audiovisual wills and medical powers of attorney can become an important support in life emergencies, provided that the new regulations are properly implemented and applied.

Both audiovisual wills and medical powers of attorney have the potential to revolutionise succession planning and the safeguarding of rights in the event of illness in Poland, adapting civil law institutions to the needs of modern society. It is therefore worth following the progress of the 2025 legislation to prepare for the changes ahead.

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