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Legal aspects of caring for patients with limited personality - a general introduction to the problem

Publication at First Faculty of Medicine |
2022

Abstract

This article provides physicians with a basic overview of the provisions related to the limitation of capacity to legally act. First part of this article focuses on the Civil Code and provides overview of the terms and functioning of the so called supportive measures in case of adult's decreased ability to legally act.

In case these moderate and less restrictive measures do not suffice, it is possible to proceed to the restriction of legal capacity. The court may decide to limit person's legal capacity and may only do so if it is in the interest of the person concerned and with full recognition of such person's rights and uniqueness.

The next part deals with practical issues related to the provision of health services to persons with limited disabilities, as follows from the Health Services Act, and, subsidiarily, in the Civil Code.