1. If a patient aged sixteen or over cannot be deemed capable of reasonably assessing his interests in the matter, the care provider shall comply with the apparent opinion of the patient expressed in writing while he was still capable of the said reasonable assessment of his interests and containing a refusal to grant consent as referred to in the first paragraph. The care provider may deviate from this if he deems that there are good reasons for so doing.

2. If the patient cannot be deemed capable of making a reasonable assessment of his interests in the matter, the care provider shall fulfil the obligations to the patients arising from this part in respect of either the parents who exercise parental authority over the patient or the latter's guardian, unless the patient has attained the age of majority and is under guardianship, in which case the obligations shall be fulfilled in respect of the guardian.
   If a patient who has attained the age of majority and who cannot be deemed capable of making a reasonable assessment of his interests in the matter is not under guardianship, the care provider shall fulfil the obligations to the patient arising from this part in respect of the person who is authorised in writing to act on the patient's behalf. If there is no such person or if he does not act, the obligations shall be fulfilled in respect of the spouse or other partner of the patient, unless the latter refuses, or, if there is no such person, in respect of a parent, child, brother or sister of the patient.
   The care provider shall fulfil his obligations in respect of the patient's legal representatives unless this is incompatible with what is required of a competent care provider.
   The person in respect of whom the care provider is bound to fulfil his obligations to the patient arising from this part shall exercise the duty of care of a good representative. This person shall involve the patient as much as possible in the carrying out of his duties.
   If the patient objects to a procedure of a radical nature for which a parent or guardian has given permission, the procedure may be carried out only if it is manifestly necessary to prevent serious harm to the patient's health.

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