Abstract

The article discusses the issue of grounds for a decision by a guardianship court, under Art. 39.1 of the Act of 19 August 1994 on the protection of mental health, on the admission to a social welfare home (DPS) of a person, who has not given their consent and who because of mental illness or mental retardation is unable to meet the basic needs of livelihood, cannot be cared for by other persons and requires constant care and nursing, but does not require hospital treatment. It has been pointed out that in light of the interpretation of this provision, not giving consent means a situation whereby a person capable of giving consent does not make any statement or explicitly refuses to consent. This case should be distinguished from the variant regulated in Art. 39.3 of the Act on the protection of mental health concerning the decision of the court to refer to a DSP a person unable to give consent, i.e. who is unable to submit both a declaration of consent as well as refuse to give consent for admission to a DPS.