Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Nursing facilities Introduction Similarly as other types of places where people are detained and which are visited by the NMPT representatives, nursing facilities may also have residents who have been legally incapacitated pursuant to a court ruling. Thus, such facilities are also monitored by the NMPT. ƒƒ In 2017, the National Mechanism for the Prevention of Torture held visits to 11 nursing facilities and convalescent homes (hereinafter also NF, CH, facilities)115. Systemic problems Rules of persons’ admission to nursing facilities The regulation of Minister of Health of 25 June 2012 on referral to nursing facilities and to convalescent homes (Jurnal of Laws of 2012, item 731), stipulate 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 NMPT identified the problem of the lack of legal regulations on the admission to nursing facilities of adult persons 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 the case of patients who are not legally incapacitated but, at the same time, 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 institutions 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. 115 Nursing facility of the Congregation of the Sisters of the Holy Elizabeth in Wrocław, KMP.573.10.2017; non-public nursing facility of the Caritas association of the Archdiocese of Gdansk, KMP.573.12.2017; nursing facility “Kaśmin» in Drożdżówka, KMP.573.15.2017; nursing facility in Maków Mazowiecki, KMP.573.14.2017; nursing home “Złota Ostoja” in Palmiry, KMP.573.19.2017; nursing facility in Knyszyn, KMP.573.23.2017; nursing facility in Mońki, KMP.573.20.2017; convalescent home “Dom Opieki Curatum” in Brwinów, KMP.573.24.2017; convalescent home in Słupsk, KMP. 571.8.2017; nursing facility of the Rehabilitation and Resocialization Centre “Dom Ciepła” in Warsaw, KMP.573.34.2017; nursing facility for Chronically Ill Persons, run by the Congregation of the Sisters o- Missionaries of Charity in Otwock, KMP.573.32.2017. 66