Krytyka Prawa. Niezależne Studia nad Prawem
Zastępcza zgoda sądu na wykonanie szczepienia przeciwko COVID-19
Sąd Rejonowy w Nysie
The paper discusses the procedure before the guardianship court regarding granting so-called surrogate approval of providing a healthcare service, particularly vaccination against COVID-19, to persons who are unable to make a conscious decision in this regard for objective reasons – health or age. The currently applicable provisions of the Code of Civil Procedure and the Act on Doctors’ and Dentists’ Professions were analysed. Due to lack of any separate procedural regulation of procedure in this regard, special attention was paid to the right court representation of the person whom the approval concerns and to the issue of gathering and assessing evidence. The authors’ goal was in particular to evaluate legal loopholes noticed in practice and to indicate possible practical and procedural solutions, which is specifically essential in the current epidemiological situation, as nowadays these types of proceedings constitute a significant percentage of cases examined by courts.