In 2018 the National Mechanism for the Prevention of Torture held visits to 4 nursing facilities (hereinafter also NF, CH, facilities)86. Systemic problems Rules of admission to nursing facilities The regulation of the Minster of Health of 25 June 2012 on referrals to nursing facilities and convalescent homes87 stipulates that every application for admission to a nursing facility should be signed by the person who is seeking admission to the facility or by his/her legal representative. The problem highlighted by the NMPT refers to the lack of legal regulations on the admission to nursing facilities of adult persons who are not incapacitated but who, due to their health condition, are not able to independently sign their applications and, at the same time, do not have their established legal representatives who could do this on their behalf. In the opinion of the NMPT representatives, the problem is of systemic nature. It consists in the fact that in case of patients who are not legally incapacitated but, at the same time, who are unable to express their will because of their somatic diseases, their family members have no authorization under the law to apply to a court for ordering to place such a patient in a nursing facility. It should also be emphasized that the problem concerns only those nursing facilities that are targeted at all types of residents. As regards psychiatric nursing facilities, the placement of persons who are not legally incapacitated but, at the same time, are unable to express their will because of their somatic diseases is done on the grounds of Article 21 in conjunction with Article 3(1) and (2) of the Act on Mental Health Protection. In the General Intervention of 9 December 2018 the Commissioner for Human Rights requested the Minister of Health to take a stance of the issue and consider taking steps to regulate the aforementioned problem in an act88. NF in Warsaw, ul. Mehoffera 72/74 (KMP.573.5.2018); NF Veni, Vidi, Vici in Grębiszew (KMP.573.17.2018); NF „Przyjazny Dom Seniora” at the Hospital of the Ministry of the Interior and Administration in Łódź (KMP.573.10.2018); NF „Bona-Med.” in Cracow (BPK.575.1.2018). 87 Dz. U. of 2012, item 731 88 Cf. General Intervention of the CHR to the Minister of Health of 9 December 2018, KMP.573.18.2018. 86 Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018 55