The trusted person and the representative of the patient: two key concepts

Designation of a trusted person

The trusted person is a person in your circle of acquaintances :

• in whom you have full confidence concerning your health ;
• designated by yourself, if possible in writing (see model form).

The trusted person can :

• accompany you in your actions (medical appointments, etc.) and decision-making;
• be informed about your state of health and the probable course of your illness;
• access documents from your medical file.

In this situation, you continue to exercise your rights.

Appointment of a representative

This is a person in your circle of acquaintances :

• in whom you have full confidence concerning your health;
• designated by yourself by means of a mandate that you have written, dated and signed (see model mandate);
• who accepts, by co-signing the mandate, his or her designation as legal representative in the event that you are unable to exercise your rights as a patient;
• who represents you and can decide on your behalf if you are no longer able to exercise your healthcare rights yourself..

If you have not appointed a proxy, the legislation provides for the following cascade of representation:

1. Spouse or cohabiting partner
2. Child(ren) of full age
3. Parent(s)
4. Adult brother(s) or sister(s)

In the event of the absence or unavailability of a representative or in the event of a conflict between several potential representatives at the same level, the professional practitioner defends the patient's interests in consultation with the multidisciplinary team.

The choice of the trusted person and the proxy (who also has the right to withdraw from his or her commitment) remains valid until a new appointment is made.

If you have any questions about the concepts of trusted person or proxy, you can contact our ombdusman.