Article 48 of the Code of medical ethics applies, beside under 21 patients (see minor patients), for incapacitated patients to whom legal representative has been assigned. The physician must make efforts to inform the legal representative in order to obtain his valid consent. In case of an emergency and when the legal representative cannot be reached, the physician gives the necessary care. If the opinion of the incapacitated patient can be asked, the opinion has to be taken into account as much as possible. The physician has to defend the interests of the incapacitated patient if he thinks that the patient’s health is not well protected by his surroundings.

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