I.-When the patient is incapable of expressing his/her wishes, the doctor in charge of the patient must respect the wishes expressed by the patient in advance directives, except in the cases provided for in II and III of this article.
II – In the event of a life-threatening emergency, the application of advance directives is not required for the time necessary to fully assess the medical situation.
III -If the doctor in charge of the patient considers that the advance directives are manifestly inappropriate or not in line with the medical situation, a decision to refuse to apply them may only be taken at the end of the collegial procedure provided for in article L. 1111-11. To do this, the doctor obtains the opinion of the members of the care team present, if there is one, and that of at least one doctor, called in as a consultant, with whom there is no hierarchical link. He may obtain the patient’s expressed wishes from the trusted support person or, failing this, from the family or a close relative.
IV -In the event of refusal to apply the advance directives, the decision must be substantiated. The testimonies and opinions obtained and the reasons for the decision are recorded in the patient’s file.
The patient’s trusted support person or, failing this, the patient’s family or a close relative, is informed of the decision to refuse to apply the advance directives.