Should the mattress and pillow, which were purchased from the National He alth Fund, be returned after use, or will it be subject to the inheritance of the heirs of the user?
No. The anti-bedsore mattress and pillow, which have been partially reimbursed by the National He alth Fund, are the property of the sick person and as such will be subject to the law of inheritance. They can be the subject of a handwritten testament or in the presence of a notary. There is no accepted practice, statutory provisions or regulations for this type of equipment subject to reimbursement to be returned after the patient's death, or otherwise accounted for with the National He alth Fund. A refund is a financial operation consisting in the reimbursement of costs. In accordance with par. 14 Regulation No. 58/2009 / DSOZ of the President of the National He alth Fund of October 29, 2009 on defining the conditions for concluding and implementing contracts such as the supply of medical devices, which are orthopedic items and auxiliaries, medical devices that are orthopedic objects and auxiliary devices recipient's property. Thus, the inheritance from a sick person will be carried out according to the principles adopted by the law of inheritance. Based on Article. 931 et seq. Of the Civil Code, the children of the testator and his spouse are in the first place appointed by the act to the inheritance; they inherit in equal parts. However, the spouse's share may not be less than a quarter of the total inheritance. If the testator's child did not survive the opening of the inheritance, the inheritance share that would have fallen to him falls to his children in equal shares. In the absence of descendants, the testator is appointed to inheritance under the law, his spouse and parents. The inheritance share of each of the parents who inherit with the testator's spouse is one-fourth of the total inheritance. If the paternity of the parent has not been established, the inheritance share of the testator's mother coinciding with his spouse is half the inheritance. In the absence of descendants and the testator's spouse, the entire estate falls to his parents in equal shares. Legal basis: The Civil Code Act (Journal of Laws of 1964 No. 16 item 93, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
PrzemysławGogojewiczIndependent legal expert specializing in medical matters.
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