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Your Right to Appoint a Trusted Person for Health Decisions During Incapacity

Your Right to Appoint a Trusted Person for Health Decisions During Incapacity

"Any adult can appoint a trusted person—such as a relative, close friend, or attending physician—who will be consulted if they are unable to express their wishes or receive necessary information," states Article L1111-6 of the Public Health Code on the rights of patients and health system users.

This trusted person can accompany you during health-related matters and voice your wishes if incapacity prevents you from doing so. It's a vital role, yet often overlooked by families and healthcare professionals. Appointing one is your right—not an obligation.

What Does a Trusted Person Do?

The trusted person you appoint supports you in health matters, such as attending medical consultations and aiding decisions about your care. They differ from a designated contact for hospitalization or death notifications.

If your health deteriorates and you can't express your views, doctors consult your trusted person first. That's why they must fully understand your preferences. They act as your voice, sharing your health wishes—including advance directives on end-of-life care—with your physician.

However, limits apply: without explicit power of attorney, they can't access your medical records. You can also specify confidential information they won't receive.

Your trusted person is bound by confidentiality. Disclosing your medical details or directives without permission could lead to legal consequences.

At end-of-life, when limiting or withdrawing treatment is considered, their input weighs equally with family opinions—but the doctor makes the final call. Without advance directives, their view takes precedence over family.

Who Can Be Your Trusted Person?

Any adult can designate a trusted person—it's a right, not required. Those under guardianship need judge or family council approval.

Designate anytime: during good health, illness, or disability. Common triggers include retirement, EHPAD entry, or serious diagnosis. Hospitals must ask about it upon admission; elderly care or home services must inform you of this right.

Choose any trusted adult: spouse, child, relative, friend, or physician—no family tie needed. Discuss your wishes upfront to ensure alignment. They must consent, and inform loved ones of the choice and contacts.

How to Designate a Trusted Person

Write it on plain paper (template available). Include dated signatures, their full name, and contacts. Note if they hold your advance directives.

If unable to write, two witnesses can certify your intent in writing.

Add it to your medical file for healthcare teams' awareness—though optional. Carry it personally otherwise.

Revoke or change anytime in writing; you can also decline to appoint one.