[Is an authorization for care necessary for the incapacitated adult?].
We report the case of a 30-year-old mentally disabled patient who presented for diagnostic colonoscopy. This patient raised the problem of authorization for such a procedure and the related anaesthetic. The French law of 1968 on the protection of severely incapacitated persons does not clearly solve the problem of the consent for procedures with a therapeutic finality. The distinction relies usually on the extent of the planned act, for asking for an agreement of the guardian, judge of guardianship or the family board. In such cases the problem of the practice of an anaesthetic remains unsolved. For scheduled procedures it is recommended to obtain the written consent of the guardian before any medical act.
Nouri
M
M
Service d'anesthésie-réanimation, centre hospitalier du Haut-Anjou, Château-Gontier, France.
Nouri
M
M
Rouchet
M
M
Duverger
P
P
Garré
J B
JB
D000328:Adult; D000758:Anesthesia; D003113:Colonoscopy; D005602:France; D006801:Humans; D007872:Legal Guardians; D008297:Male; D016743:Mental Competency; D010290:Parents; D020458:Third-Party Consent / Q000331:legislation & jurisprudence*