Le consentement à l'acte médical du patient sous protection juridique

The law of 5th March 2007 declares the autonomy of persons under legal protection (guardianship, trusteeship, conservatorship) or conventional protection (lasting power of attorney). The law of 4th March 2002 is devoted to the requirement for the patient's consent prior to medical procedure. Though these two principles may seem to reinforce one another, the provisions of the Civil Code and the Health Code remain to be harmonized, despite a modest attempt at enunciation in Article 459-1 of the Civil Code. A summary proposal has thus been outlined with a view to specifying the methods by which consent for care and certain medical, procreative or altruistic procedures, when the patient is under a protective regime.