The person who is the subject of a legal protection measure with representation in relation to the person or the person responsible for his or her protection measure submits a simple request to the guardianship judge. The application shall state whether the protected person is able to consent to the removal of the sample.
Notwithstanding article 1211 of the Code of Civil Procedure, the application may be submitted to the guardianship judge of the court within whose jurisdiction the health establishment where the sample is to be taken or the health establishment where the recipient is hospitalised is located. In this case, the judge will obtain the opinion of the guardianship judge with whom the protection measure has been initiated.
The guardianship judge hears the protected person to ensure that he or she is able to consent to the donation and informs him or her of the subsequent course of the procedure.