Authority of the guardian “ad litem” in administrative proceedings

Abstract

The article discusses the authority of a guardian (a representative in absentia) appointed in an administrative procedure for an absent person. The author presents a characteristic of such powers and attempts to systematise them. Selected matters concerning exercising the said powers as well as judicial practice concerning such matters are presented. The legal basis for the appointment of a guardian ad litem has also been discussed, which is art. 34 of the Administrative Procedure Code Act in conjunction with art. 184 of the Family and Guardianship Code Act. It was found that appropriate determination of powers entrusted to such a guardian brings certain doubts in practice, which mainly arise from the fact that there are no legal regulations in this regard.