The patient rights of an incapacitated adult are exercised by his guardian who is entitled to the legally provided information. Taking into account his understanding capacity the patient also receives this information and is involved in the decision-making (art. L. 1111-2, fifth paragraph).
When the guardian refuses the consent for a medical treatment and because of this refusal the health of the patient is in danger, the physician must grant the necessary care (art. L. 1111-4, sixth paragraph, last sense). If the incapacitated patient is able to express his will and to take part in the decision-making his consent must be asked systematically (art. L.1111-4, sixth paragraph).

When the person concerned is not able to express his will, no intervention or investigation can be conducted without the hearing of the confidant, designated by the person concerned under art. L 1111-6, or the family (“la famille”) or, in case no confidant or family exist, one of the fellow men. Only in case of emergency or of impossibility, it is permitted to deviate from this regulation (art. L. 1111-4, paragraph 4). Every adult can designate a confidant. This can be a parent, a fellow man or the treating physician. The confidant is heard when the person concerned is no longer able to express his will and gets to this end the necessary information. The designation happens in writing and can be withdrawn at any time. If the patient wishes so, his confidant can accompany him and assists him during medical consultations in order to help him taking decisions (art. L.1111-6, first paragraph). Whenever a patient is incorporated in a hospital, it is proposed to him to designate such a confidant. This designation is valid as long as hospitalization lasts, unless the patient decides differently (art. L-1111-6, second paragraph). If the patient has been placed under protection, it is not possible to designate a confidant. If a confidant was already designated in earlier days, the judge can either confirm or reject this designation (art. L. - 1111-6, last paragraph).
When a patient is not able to express his will, a restriction or a suspension of a treatment as a result of which the life of the patient can be in danger, can only be carried out if the collegial procedure foreseen in the Code of Medical Duty, is followed and if the confidant of the patient or his family or in case no such person exist, one of his fellow men are heard and, in case it is applicable, preceding will declarations are taken into consideration. The motivated decision to restrict or suspend the treatment is noted in the medical file (art. L. 1111-4, fifth paragraph).

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