and no explanations with regard to the person’s incapacity to decide had been given, the Chancellor had doubts whether a legally required consent had been obtained from all the recipients of nursing care services or their legal representatives.81 Consenting to the provision of a health service concerns the freedom to decide over a person’s physical and mental inviolability protected under § 26 and § 19 of the Constitution. As the provision of health services affects a person’s body and mind in one or another way, it is necessary that already prior to the commencement of the provision of the service a person could decide whether they wish the service to be provided or not. Therefore, the Chancellor recommended that in providing nursing care services to patients in case of whom there is reason to doubt their ability to give a knowledgeable consent it should be ensured that the patients (in case they are capable for this) coming to receive the service or their legal representatives are always immediately asked for a consent for the provision of the service and it is recorded in writing. To obtain a proper consent, it should be ensured that a patient’s treatment documents contain an explanation why the provider of nursing care services found that the patient had no capacity to decide or a patient with limited capacity was not able to weigh responsibly the pros and cons of the provision of the service. 8.2. Handling and administration of medications Similarly to the inspection of providers of 24-hour special care services, when inspecting the providers of nursing care services in 2014 the Chancellor paid more attention to the aspects concerning the handling and administration of medications. Problems with this were found in five institutions82. In several institutions83 it was not ensured that the patients or third parties do not have access to the medications; some institutions84 kept the medications of the patients who had left the institution, in one case85 shortcomings with the record-keeping of medications were found and in one institution86 the handling of medications had not been documented in a way as to ensure a clear overview of the medications used in the department. Incorrect handling of medications may lead to negative consequences for the health of the person, endangering their right to the protection of health and life. As nursing care services are also provided to patients who due to their condition are unable to understand the consequences of misuse of medications, incorrect handling of medications may lead to a situation where a patient gets hold of medications not intended for them, and upon administering such medications the health or life of the patient is endangered. Such keeping of medications may also result in a loss of the overview of the existing medications and may raise an issue of whether medications to the patients have been administered correctly. Moreover, such a practice In case of absence of a legal representative, the patient’s next of kin, the patient himself or herself or the local authority should submit an application to the court for the restriction of the patient’s capacity. If a legal representative has been appointed the health service provider must examine the relevant court decision and on the basis of it determine with regard to which issues and to what extent the patient’s appointed guardian may decide instead of the patient. 82 Hiiu Treatment Centre, Järva County Hospital, Jõhvi Hospital, Kuressaare Hospital, Narva Hospital. 83 Narva Hospital, Kuressaare Hospital, Hiiu Treatment Centre, Järva County Hospital. 84 Jõhvi Hospital, Kuressaare Hospital, Järva County Hospital. 85 Kuressaare Hospital. 86 Jõhvi Hospital. 81 42