THEORETICAL AND PRACTICAL PROBLEMS OF PERSONAL DISABILITY

The complex and sensitive area of civil law regulating individual legal capacity directly affects the rights and autonomy of vulnerable persons. Significant changes have occurred in Lithuania's legal system, shifting from the determination of total incapacity to the implementation of more adaptable and just solutions in accordance with international human rights norms. The essay seeks to analyze theoretical and practical challenges associated with the restriction of legal ability, including legislative ambiguity, inconsistent case law, and the need to reconcile protection with individual liberty.There is a lot of focus on the questions of proportionality, the selection and oversight of guardians, and whether expert opinions are enough in court cases. The analysis emphasizes the demographic context that enhances the significance of the problem, including an aging population and the rising prevalence of mental diseases. The study's findings reveal substantial deficiencies in the existing legal framework and offer suggestions for enhancing individual protection while maintaining their capacity to engage in legal and civic activities, grounded in both national and international law.