Uwarunkowania odpłatności za pobyt mieszkańca w domu pomocy społecznej - analiza administracyjnoprawna
Determinants of payment for a resident’s stay in a Nursing Home – administrative and legal analysis

Summary/Abstract: The legislator in Art. 61 of the Act on Social Assistance, established a catalog of entities obliged to bear the costs of an inhabitant’s stay in the Nursing Home. The resident himself was indicated among those obliged to do so, and then family members, i.e. the spouse and ascendants before the descendants, as well as the commune from which the person was referred to this facility. The administration body conducts proceedings to determine the amount of the fee, and the legal title to bear it remains the concluded contract or administrative decision. This specific dualism raises important concerns in the practice of applying the law, which are indicated by administrative courts in their judgments. This article is an attempt to analyze the views from the jurisprudence.

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