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?