2. Residents, who are not incapacitated but whose health status prevents them from concluding the agreement. Persons acting on behalf of a resident, who is not incapacitated, are not in any way authorized, in the light of the regulations in force, to make decisions to place the resident in a 24-hour care facility, even if this person’s psychophysical condition is bad and he/she is not able to place a signature under the service provision agreement. It would be desirable, therefore, to regulate the issue in the generally applicable regulations, e.g. by introducing solutions similar to the consent of a custody court for the provision of a health service, specified in the Act on the Professions of Physician and Dentist76, or consent for the placement in a psychiatric hospital77. The solutions could include, among others, granting a family member or other persons the right to apply to a court for consent for the person’s placement in a care facility. Thanks to the supervision by courts, the status of persons admitted to such facilities would be significantly strengthened, as at present such persons often have no possibility to have any influence on their future. During the visit to Poland in 2009, the CPT indicated that numerous residents placed in care homes “voluntarily” were not able to legitimately decide about their stay there or lacked a court-appointed guardian. In fact, those individuals were deprived of liberty and had no possibility to enjoy guarantees provided for by legal regulations. The Committee instructed national authorities to take measures to report residents who are not able to give a valid consent for placement or those who have no guardian and are unable to leave the facility to a competent court78. Cf. Art. 32 of the Act of 5 December 1996 on the profession of a doctor and dentist (Dz. U. of 2018, item 617; consolidated text). 77 Cf. Art. 22 and 23 of the Act of 19 August 1994 on the mental health protection (Dz. U. of 2018, item 1878; consolidated text). 78 S. CPT report from the visit to Poland in 2009, CPT/Inf (2011) 20, Art. 166. 76 50 PART III - situation in places of detention