A contract with a private care home is a contract for the provision of services, governed by the Civil Code rules on mandate (zlecenie). The most important consequence: the senior can terminate it at any time, and the right to terminate for good reason cannot be waived in advance. Before signing, check above all who the party to the contract is, what the price covers and how it can rise, how notice works on both sides, and what happens to advance payments and the deposit. The caution is justified: when UOKiK, the Polish consumer protection office, reviewed more than 180 contract templates from 72 care home operators, almost 90 percent of them raised concerns.
In short
- A round-the-clock facility run as a business must hold a permit from the voivode and keep a service contract in every resident's records (Articles 67 and 68a of the Act on Social Assistance).
- A clause that lets the facility raise the price after signing without giving the senior the right to withdraw is listed in the Civil Code as a presumed unfair term (Article 385³ point 20).
- Unfair terms do not bind the senior, while the rest of the contract remains in force. The municipal or county consumer ombudsman (rzecznik konsumentów) helps with such cases free of charge.
Who signs the contract and who is liable
The party to the contract should be the senior, because they live in the facility and the services are provided to them. If they understand what they are signing, they sign it themselves. If they cannot knowingly enter into a contract, you need an attorney appointed earlier, while they could still decide, or a legal guardian appointed by a court. We explain when the latter is necessary in our article on legal incapacitation of a senior.
Family members are often added to the contract as the payer, a guarantor or a jointly liable party. Read that part very carefully. If you sign as a joint and several debtor, the facility can demand the whole arrears from you, interest included, as if you were the resident. If you want to help with the fees, you can do so without such an obligation, or limit it to a set amount and period.
10 clauses to check before signing
- The operator's details and permit. The company name in the contract should match the entry in the voivode's register. We explain how to check this in our guide on how to check whether a care home is legal.
- The price and what it includes. The contract or its annex should list what is included and what is paid separately: medicines, hygiene products, the hairdresser, transport to the doctor. We have gathered the most common extras in our article on the hidden costs of a care home.
- Rules for price increases. Look for specifics: for what reasons the price may rise, how much notice the facility gives, and whether the senior can then terminate the contract at no cost.
- Scope of care and a change in health. Establish what happens when the senior needs more help: whether a higher rate applies, who sets it and on what basis.
- Absence. A hospital stay or a few weeks with family is common. A good contract reduces the fee for such periods, for example by the cost of meals.
- Notice given by the senior. The notice period should be reasonable, usually counted in days or weeks, not months. A contractual penalty for leaving early is a warning sign.
- Notice given by the facility. According to UOKiK, terminating a contract over arrears should be preceded by a demand for payment, an additional deadline and a warning about the consequences. Also check how much time the family has to find a new place.
- Deposit, entry fee and advance payment. The contract should state when and within what time the money is returned. UOKiK has said a facility cannot keep payment for services it did not provide, including towards the heirs.
- Personal belongings and safekeeping. UOKiK found a total exclusion of liability for money or jewellery unacceptable. Ask whether valuables can be deposited for safekeeping against a receipt.
- Death of the resident. The contract should say how the fee for the current month is settled, how long the family has to collect belongings and to whom any overpayment is refunded.
Unfair terms: what does not bind the senior
When the senior signs as a consumer and the facility drafted the text, the rules on unfair contract terms apply. A provision that was not individually agreed and that shapes the senior's rights contrary to good practice, grossly harming their interests, does not bind them (Article 385¹ of the Civil Code). The rest of the contract remains in force.
The Code gives examples of such clauses. For care homes, two matter most: excluding or significantly limiting the facility's liability for failing to provide or improperly providing the services, and the right to raise the price after signing without giving the consumer the right to withdraw. On top of that comes a rule from the mandate provisions: the right to terminate for good reason cannot be waived in advance (Article 746 § 3), so a clause that rules out termination altogether will not work.
UOKiK advised informing the facility in writing that you do not accept such a provision. If the operator refuses to change it, consider another place. A doubtful clause can also be reported to UOKiK, or you can ask the consumer ombudsman in your town or county for help.
How to read the contract without time pressure
Ask for the contract template, the house rules and the price list before you decide, not on the day of admission. An honest facility has no problem with that. Read the documents at home, mark anything unclear and ask your questions by email, so the answers are in writing. Write every agreed change into the contract or an annex. Verbal assurances are hard to prove later.
For the first visit, it helps to have a list of questions about care, staff and daily life in the facility. You will find one in our guide on how to choose a care home for a parent. If you are still looking for a place, describe your parent's needs and we will help you find facilities that meet them within a specific budget.
A contract with a DPS works differently
In a public social welfare home (DPS) you do not sign a civil contract. The stay rests on administrative decisions: on referral, on placement and on fees, all of which can be appealed. The fee rules are set by statute, and the resident pays no more than 70 percent of their income. We cover the details in who pays for a DPS, and the whole admission procedure in our guide on paperwork for admission to a care home.
Frequently asked questions
Can a care home contract be terminated at any time?
Yes. A service contract is governed by the mandate rules, and the person who gave the mandate can terminate it at any time. Services already provided must then be settled, and the right to terminate for good reason cannot be waived in advance.
Can a care home raise the price during the contract?
It can, if the contract states specific reasons and a procedure for the change. A clause allowing a price rise without the senior's right to withdraw is listed in the Civil Code as an example of an unfair term.
Is the family liable for a senior's care home debts?
Not merely because they are related. You are liable if you signed the contract as a party, a joint and several payer or a guarantor, and after the senior's death their debts become part of the estate.
Is a care home deposit refunded?
It should be, on the terms and within the time set in the contract, after deducting any arrears. The facility cannot keep money for services it did not provide.
Sources
- Civil Code of 23 April 1964, Articles 385¹, 385³, 746 and 750 (in Polish)
- Act of 12 March 2004 on Social Assistance, Articles 67 and 68a (in Polish)
- UOKiK: Care homes, results of a review of contract templates (in Polish)
