La place de la personne âgée dans la prise de décision de soins

The protection of vulnerable adults has been profoundly modified in France by the law of March 5, 2007 and its application decrees. The changes have greatly affected the procedures involved. The list of persons who can be designated as tutors has been widened beyond the cellular family. Any person maintaining a close stable relationship with the vulnerable person can solicit a measure of protection. Requests for legal protection are examined if there is medical support certified in writing by an authorized physician enrolled on a specific list established by the civil authorities. The person selected to be the tutor is, as a rule, chosen among family members. Nevertheless, it is a prerogative of the judge to designate an outside person if necessary. The law also affects the statutory aspects since tutorship is defined as a specific profession with a designated mission to fulfill. It is also established that the measure of protection must be proportional to the needs of the vulnerable person. The legislators have emphasized the requirement to respect the will of the vulnerable person, particularly concerning activities qualified as “strictly personal”, a category which includes health.