All persons over 18 can designate a trustworthy person, either a relative, close friend or doctor treating the patient, who could be consulted should the patient’s condition render him/her unable to express their wishes and to receive information necessary at that time. The designation of such a person must be provided in writing. It can be revoked at any time. If the sick person so wishes, the designated person can accompany him/her throughout all procedures and attend medical appointments in order to help him/her in decision making.
Once hospitalised in a health institution, patients are advised to designate a person along the lines mentioned above. Designating such a person lasts for the length of the hospital stay, unless the patient decides otherwise.
The conditions in this article do not apply should the person then be made a ward of court. Nevertheless, the Judge responsible for wards of court may, either uphold the trustworthy person previously designated, or revoke their designation.
Inclusion in medical file
The document designating the trustworthy person must specify their name, first name, address and ways of contacting them. This must be included in the patient’s medical file.
Trustworthy person, family, person to be contacted
The trustworthy person will be the first person to be consulted each and every time it is necessary. However, designating such a person does not mean that information will be withheld from relatives.
The trustworthy person can be other than the person “to be contacted” whom the patient is asked to designate on admission, in case his / her condition deteriorates or in other cases.
Trustworthy person does not take decisions
The trustworthy person is not the patient’s representative: the law does not grant such a person the power to take decisions; it provides for the patient’s opinion being obtained and if the patient so wishes, the designated person can accompany the patient throughout procedures and attend medical appointments in order to help with decision making.
The patient must be of age and able to express his wishes
Only patients who are over 18 can designate trustworthy persons.
Designating such a person is only suitable for patients who are able to choose freely and who are in full control of their physical and mental capacities.
regarding professional confidentiality
Designating a trustworthy person does not authorise hospital personnel to divulge information about the patient to such a person, should the patient wish such information to remain confidential.
The trustworthy person cannot access the patient’s medical file.
In cases where the diagnosis and prognosis are serious, the trustworthy person is entitled to receive the same information as those close to the patient in order to support and accompany the patient, without the patient’s prevention..
TRUSTWORTHY PERSON INTERVENES WITH PATIENT’S INTEREST IN MIND
The help which the trustworthy person brings much be exercised with the interests of the patient in mind; it must be proportionate to the patient’s needs and should facilitate the medical appointments, which are normally private, to run smoothly.
PATIENT UNDER LEGAL GUARDIANSHIP
The role of the trustworthy person is rendered null and void should the patient be made a ward of court. The Judge for wards of court can decide otherwise (in which case he should be informed that the patient had designated such a person).
If the judge has designated a legal guardian to represent the patient under civil law, the guardian must be consulted on medical matters. This does not apply to those simply managing practical matters for a ward of court, where only the person’s well-being is in question, unless otherwise expressly indicated by the judge.
IN CASES OF BIOMEDICAL RESEARCH
In cases where research is being carried out, and in cases of emergency where the consent of the patient cannot be obtained and such protocol is necessary for biomedical research, then the opinion of the trustworthy person designated by the patient will be solicited.
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