It could be established from the response of the Mazowieckie Province
Office75 that the establishment fails to meet the definition of a family care
facility specified in the provisions of the regulation of the Minister of Labour
and Social Policy of 31 May 2012 on family care homes. Inspectors determined
that the building is housing a facility providing 24-hour care to the disabled,
chronically ill as well as the elderly. Yet, the owner does not hold a relevant
permit from the Mazowieckie province governor for conducting such an activity. Therefore, the province governor informed about plans to instigate administrative proceedings striving to impose a fine for running the facility without
a relevant permit. Following the information from the NMPT, steps were also
taken to remove “Pogodna Przystań” care facility from the governor’s register.
Systemic problems
Legality of stay
The manner of concluding agreements in 24-hour care facilities and often
the subject matter of those agreements raise some concerns among the representatives of the NMPT. It is particularly evident in two cases:
1. Residents who are fully incapacitated prior to the admission to the
facility.
In such an instance, the signature under the agreement for the provision
of care services should be placed by a legal guardian who received a court’s
consent for the ward’s placement in the facility.
The NMPT encourages staff to verify the legal status of individuals
signing the agreement. If legal guardians are the ones to sign the
agreement one should add a copy of the court’s ruling or certificate of
the appointment of a legal guardian to the resident’s files.
WPS-II.431.4.2.2019.MR.
75
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
49
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