The application of this sub-section may not have the effect of derogating from the specific provisions laid down by the Public Health Code and the Social Action and Family Code providing for the involvement of a legal representative.
However, where the measure has been entrusted to a person or service in charge of a health establishment or a social or medico-social establishment under the conditions provided for in the’article 451, and that this person or service must either take a decision requiring the authorisation of the judge or the family council pursuant to the third paragraph of article 459, or perform for the benefit of the protected person any care or act for which the Public Health Code provides for the intervention of the judge, the latter may decide, if he considers that there is a conflict of interests, to entrust the task to the subrogated curator or subrogated guardian, if appointed, and failing that to an ad hoc curator or guardian.