Troska o stan zdrowia podopiecznego jako element pieczy nad osobą w stosunku prawnym opieki nad pełnoletnim ubezwłasnowolnionym całkowicie
Care for medical condition of the charge as the part of care institution for completely incapacitated individuals

Summary/Abstract: To assure legal protection to body corporate with mental disorders to avoid worsening of his legal status due to incapacitation is possible with the obligatory care institution which includes care for completely incapacitated individuals, their wealth agency and representation. The most important duties of the care provider comprise proper medical treatment provision well as activities to satisfy the needs of everyday life with regard to nutrition, clothing, hygiene and living conditions. Since health care seems to be the most important part of care institution it is crucial to establish precise role of the legal representative of incapacitated persons, especially in the case of need for psychiatric examination and treatment, which has been established in the Mental Health Protection Act published on 19th of August, 1994. Care provider is also obliged to help with other medical needs, especially with regard to giving consent to undergo diagnostic and treatment strategies according to Medical and Dental Profession Act issued on 5th of December 1996. Despite incapacitation individuals under the care should be encouraged to participate in medical decision making. Nevertheless, if they are not able to give an informed consent for any procedure it is the health care provider under the supervision of the Guardianship Court who gives the consent on their behalf.

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