LACK OF PROCEDURE OF ADMISSION, TO GENERAL-PROFILE NURSING
FACILITIES, OF PERSONS WHO ARE NOT LEGALLY INCAPACITATED BUT
ARE PHYSICALLY UNABLE TO SIGN THEIR ADMISSION APPLICATION
FORMS31
The problem consist in the lack of legal regulations on admission to such
facilities of persons who are not legally incapacitated, are at least eighteen
and, due to their health condition, are physically unable to sign their admission
application forms but have not appointed any legal representatives authorized
to sign the forms for them.
As a result, applications for such persons’ placement in nursing facilities are
signed by their family members or relatives because the patients are objectively
not able to sign their applications due to their health condition. The facilities’
managers, bearing in mind the health of the patients, accept the practice which
may be subject to legal consequences.
The Minister of Health informed the Commissioner32 that he sees no need
to change the existing legal regulations in this area. According to the minister,
the current regulations e.g. regarding the system of legal incapacitation properly
protect the rights and needs of patients, also those not able to sign by themselves
the consent to care and treatment in nursing homes. The issue remains within
the NMPT’s scope of interest.
The Commissioner’s successful actions
Body search of detained persons
The issue of compliance with the Constitution of the regulations on
body search was examined during the proceedings conducted before the
Constitutional Tribunal at the request of the Commissioner (case ref. no.
K 17/14). On 14 December 201733 the Tribunal ruled that the failure to define
the terms “personal search” and “body search” in any act of the Parliament was
against the Constitution. Therefore, on 14 December 2018 the Sejm adopted an
KMP.573.18.2018
Letter of 16 January 2019.
33
S. Ruling of the Constitutional Tribunal of 14 December 2017, file no. K 17/14, issued pursuant
to the application of the Commissioner for Human Rights; case ref. no. II.519.344.2014.
31
32
28
PART II – how does the NMPT work?
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