Advance statements do not have legal status in France. However, the Law of 4 March 2002 relating to Patients’ Rights and the Modernisation of the Health Care System gives people the right to appoint in writing a health care proxy.

The health care proxy, known as a “personne de confiance” (trusted person), must be consulted whenever the person is unable to express their wishes or to understand the health care information provided in connection with proposed treatment. The health care proxy also has the right to support the person and be present during medical consultations in order to facilitate decision-making if the latter so desires. The health care proxy could be a relative, friend or doctor.

Conditions surrounding the appointment of a health care proxy

A health care proxy must be appointed in writing and can be cancelled at any time.

When patients are hospitalised, they are systematically asked whether they would like to appoint one. The appointment of a health care proxy in this case is limited to the duration of the hospital stay unless the patient decides otherwise.

The right to appoint a health care proxy does not apply to people who are already under guardianship. If court proceedings are underway to appoint a guardian and a health care proxy has already been appointed, the judge decides whether the health care proxy should maintain or be relieved of his/her duties.