Monitor Prawniczy
no. 19/2015
On granting a medical power of attorney – remarks concerning Supreme Court Resolution III CZP 19/15
Autorka jest adiunktem w Instytucie Prawa Cywilnego WPiA Uniwersytetu
Warszawskiego.
Abstract
The article analyses the position of the Supreme Court outlined in its Resolution III CZP 19/15 dated 13 May 2015 r. A view was expressed therein that “A legal representative of a minor may grant a power of attorney to submit a declaration of consent provided for in Art. 34.3 of the Medical Professions Act of 5.12.1996 (consolidated text: Dz.U. of 2015 item 464)”. The Supreme Court’s view as to admissibility of granting by the statutory representative a power of attorney to submit declarations of consent for the performance of so-called major medical procedures on a minor has been examined on two planes: establishing the extent of that opinion and evaluation of arguments underlying the view outlined in the above-mentioned Supreme Court Resolution.