Ministère de la Justice
Medical care may be provided only where the person in question, or a person authorized to act on his or her behalf, consents. A person may refuse an examination, specimen taking, medical treatment, accommodation at a hospital centre, or any other intervention. In some situations, authorization of the court may be required. In an emergency, consent to medical care is not required when a person's life is in danger or their integrity is threatened, and it is not possible to obtain consent in due time.
The general population Conditions related to care that a capable adult may receiveThe person must be able to consent to or refuse medical care. Conditions related to care that a child may receive Medical care for a child under 14 years of age must be authorized by the person having parental authority or the tutor. A child aged 14 or over may consent alone to care that is required or not by his or her state of health. However, if the child's health requires remaining in a health or social services establishment for over 12 hours, the person having parental authority or the tutor must be informed. The nature of the care received remains confidential. However, the person having parental authority or the tutor of a child aged 14 or over must consent to care not required by the minor child's state of health (ex.: aesthetic surgery or a tattoo) if the care:
Conditions related to the care that a person incapable of giving consent may receiveIncapacity to consent to care can be ascertained where the person in question does not understand:
Incapacity to consent to care can also be ascertained if the person's ability to understand is affected by the illness. Where the person's incapacity is ascertained, consent may be given by the mandatary, tutor or curator. If not, consent may be given by the spouse or, in the absence of a spouse or if the spouse is prevented from giving consent, by a close relative or a person who shows a special interest in the incapacitated person. Note The court's authorization is required in the following cases:
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