"Any adult can appoint a trusted person who can be a relative, a close friend or the attending physician and who will be consulted in the event that they themselves are unable to express their wishes and receive the information necessary for this purpose" as indicated in article L1111-6 of the Public Health Code relating to the rights of sick people and users of the health system.
This person of trust may be called upon to accompany the person who designated him in his steps related to his health and to express his wishes in the matter once he is unable to express them himself in the event of of incapacity. A major role therefore, but still unknown to relatives and the medical profession. Appointing a support person is a right, but not an obligation.
The trusted person that you have the possibility of appointing has the task of supporting you in the steps related to your health, such as assisting you during medical interviews, but they can also help you make decisions concerning your well-being. medical. It must be distinguished from the person to be notified in the event of hospitalization or death, for example, who is not necessarily the trusted person.
In the event that your state of health no longer allows you to give your opinion and express your wishes in medical matters, it is also this trusted person that the doctor or the medical team taking care of you will consult in priority. This is why it is important that the trusted person you have appointed knows your wishes perfectly. It is she who will speak on your behalf and who will share your wishes from the point of view of your health. In particular, you can give him your advance directives, that is to say your last written wishes regarding end-of-life care. The trusted person can pass them on to the doctor following you.
However, the role of the support person has limits. Unless you have given them power of attorney to do so, the trusted person cannot obtain access to your medical file. You can also define in advance the information that will remain confidential and that cannot be brought to his attention.
The trusted person has a duty of confidentiality. She does not have the right to reveal to other people either your medical information or your possible advance directives, under pain of being held responsible on the legal level.
At the end of life, if decisions have to be made in terms of limiting or stopping medical treatment, the opinion of the person of trust is taken into account by the medical team in the same way as the family or loved ones, but the final decision rests with the doctor. It is especially in this situation that the role of the person of trust takes on its full importance and truly becomes the spokesperson for the patient. In the absence of advance directives, his opinion prevails over that of the family or relatives.
The trusted person can be chosen by any adult person who wishes. It is indeed a right, not an obligation. Persons under guardianship must have the authorization of the judge or the family council if it has been constituted to designate a person of trust.
This choice can be made at any time, when you are still in good health, when you are sick or have a disability. Most often, the designation of the person of trust occurs when there is a change in situation:retirement, entry into a residential establishment for dependent elderly people (EHPAD), the announcement of an illness serious, etc. In the event of hospitalization, the medical profession is required to ask you if you have appointed a trusted person. If not, and you wish, you can do so at this time. Elderly people who enter an accommodation establishment or call on a home help or nursing service must be informed by the person in charge of these structures of their right to appoint a trusted person.
Any major person, in whom you trust, can be designated as "person of trust". Your spouse, a child, a relative, a friend or even your attending physician can fulfill this role. No family relationship is required. The important thing is that the person chosen can be your health spokesperson when the time comes. Before making a decision, it is essential to talk to the trusted person to be sure that he understands your wishes regarding your health and that he will be faithful to your wishes. The trusted person must agree to fulfill this mission. It is also important that your loved ones are informed of this designation and that they know the contact details of the person chosen.
The appointment of a trusted person must be made in writing on plain paper. A template is provided here. This document, dated and signed, must include the surname, first names and contact details of the person chosen so that they can be reached. The latter must also sign this document. It must also mention whether the trusted person has a copy of the advance directives of the person who designated him.
If you are unable to write, you have the possibility of asking two people to certify in writing that the appointment of a trusted person is indeed your doing.
It is recommended that you include this document in your medical file so that the doctors and healthcare teams taking care of you are informed of the existence of the trusted person. But this is not an obligation. You can always keep this document with you.
You can change your trusted person at any time, or refuse to appoint one, also specifying this in writing.
