The free and informed consent of the person being examined or cared for is sought in all cases. If the patient, in a condition to express his/her wishes, refuses the proposed treatment, the nurse shall respect this refusal after informing the patient of the consequences and, with the patient’s agreement, the prescribing doctor.
If the patient is incapable of expressing his wishes, the nurse may not intervene unless the trusted support person provided for in article L. 1111-6, or the family, or failing that, a close relative, has been consulted.
The nurse called upon to provide care to a minor or an adult subject to a legal protection measure with representation relating to the person who is not capable of expressing his or her wishes shall endeavour, subject to the provisions of article L. 1111-5, to inform his or her parents or legal representative or the person in charge of the legal protection measure and to obtain, as appropriate, their consent or authorisation. The person in charge of the representation measure relating to the person shall take into account the opinion of the patient he represents. Except in emergencies, in the event of disagreement between the protected adult and the person responsible for his or her protection, the judge will authorise one or other of them to make the decision. In an emergency, even if they cannot be reached, the nurse will provide the necessary care. If the opinion of the person concerned can be obtained, the nurse will take this into account as far as possible.