Abstract
This article deals with the issue of medical care provision to persons with limited legal capacity, in particular the issue of informed consent. It is a topic that is not entirely new, it has been discussed several times in both foreign and Czech literature.
Since the new Civil Code came into effect, there have been disputes among scholars and medical care providers about the relation between the Civil Code and the Act on Health Services and Conditions of Their provision. The Civil Code contains several provisions that have been found problematic in regard to their interpretation.
As a result, different medical care providers apply the provisions in a different way which leads to a different level of patient's rights protection. The problematic provisions, especially those requiring court's assistance in the decision-making process, call for detailed analysis and further scholarly discussion.