Appointing a person of trust
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The person of trust represents the patient and acts as the patient's 'spokesperson' when the latter is no longer able to make decisions regarding their health on their own.
The person of trust should not be confused with the patient's support person, who assists the patient with health-related formalities and decisions.
The person of trust exercises the patient's healthcare rights when the latter is temporarily or permanently unable to make decisions regarding their state of health on their own.
Who is concerned?
Adult patients who are capable of giving their consent may appoint a person of trust to represent them and express their wishes on their behalf. This can be:
- a person close to the patient;
- a healthcare professional.
An emancipated minor may also appoint a person of trust.
Prerequisites
You should talk to the people around you so that they know your preferences as well as possible and can represent you according to your wishes.
How to proceed
Appointment
You can designate a person of trust at any time by means of a dated and signed written document (see 'Forms / Online services').
This person will then be heard by the medical practitioner in order to assert your wishes and your rights as a patient.
The person of trust may not give their consent to their appointment in advance. However, it is best to discuss your choice and specific wishes with them.
It is recommended that the document appointing the person of trust be drafted in triplicate:
- one copy for yourself;
- one copy for your GP (or any other physician) to attach to your medical file;
- one copy for the person of trust.
If the patient, while able to express their wishes, is unable to write and sign the document themselves, they may ask 2 witnesses to certify that the document that they were unable to write themselves expresses their wishes. These witnesses state their name and capacity in the designation document (see 'Forms / Online services').
The document appointing the person of trust can be sent to the healthcare provider who is caring for you at any time.
Task
The person of trust you have designated will speak up and act in your interests if you are no longer able to make decisions concerning your state of health.
If the healthcare provider ignores the opinion of the person of trust, they must inform the latter and record the reasons for their decision in the patient file.
Professional secrecy
An exemption to the obligation of professional secrecy is made for the person of trust. They are kept informed of your state of health so that they can make decisions when you are unable to express your wishes.
The patient file is also accessible to the person of trust who exerts your rights as a patient when you are unable to make your own decisions.
If the person of trust fails to comply with the confidentiality of the information concerning the patient, they may face sanctions.
Unless you expressly state otherwise in writing, the person of trust will have access to your file and can request a copy of it after your death in order to find out about the cause of death, defend your memory or assert your legitimate rights.
Advance healthcare directive
You have the right to express, at any time, your wishes regarding your care and your natural end of life.
In the absence of any formal objection on the designation form, you agree that the designation of your person of trust also applies to the end-of-life situation if you are no longer able to express yourself. This concerns your wishes as regards whether or not to stop a treatment, resuscitation, etc.
Revocation
It is possible to revoke the appointment at any time by way of a dated and signed document. All persons in possession of the initial appointment (i.e. the revoked person of trust, attending physician, etc.) must be informed.
Online services and forms
Who to contact
National Health Information and Mediation Service
-
National Health Information and Mediation Service
- Address:
- 11, rue Robert Stumper L-2557 Luxembourg Luxembourg
- Phone:
- (+352) 24 77 55 15
- Email address:
- info@mediateursante.lu
Closed ⋅ Opens Monday at 9.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 13.00
- Tuesday:
- 9.00 to 13.00
- Wednesday:
- 9.00 to 13.00
- Thursday:
- 9.00 to 13.00
- Friday:
- 9.00 to 13.00
Mon. and Tues. from 9.00 to 13.00 / Wed. from 13.00 to 17.00 / Thurs. and Fri. from 9.00 to 13.00. If necessary, an appointment can be made outside these times.
Related procedures and links
Procedures
Links
Legal references
relative aux droits et obligations du patient, portant création d'un service national d'information et de médiation dans le domaine de la santé
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