The subject of this final paper is (in)capacity to exercise rights. Capacity to exercise rights is the ability of a person to achieve legal effects through their own expression of will. Being deprived of capacity to exercise rights, a person loses the ability to act independently in legal transactions to the extent determined by the deprivation decision. The decision on the status of an individual is made by the court in anon-litigation procedure, and its full name is a decision on the deprivation of capacity to exercise rights. The paper analyses the concept of (in)capacity to exercise rights, the influence of age and health on capacity to exercise rights, and the restriction of capacity to exercise rights. Moreover, (in)capacity to exercise rights, the procedure for deprivation of capacity to exercise rights, rights in the mentioned procedure and the decision after the procedure will be defined. Then follows the analysis of the institution of guardianship for persons deprived of capacity to exercise rights with a special emphasis on the duty of the guardian in relation to a person deprived of capacity to exercise rights. At the end of the paper, the judgment of the Constitutional Court referring to the constitutional lawsuit that challenges the decision on deprivation of business capacity was analyzed.