Service France

Questions and answers prepared by David Anderson French Lawyer at Sykes Anderson LLP

Q. My eighty-five-year-old uncle died recently in France in hospital. Shortly before his death a doctor called and informed me about the situation which included loss of consciousness. He asked me if I wanted them to resuscitate him in the event of another heart attack. I was in shock and did not know how to reply. Furthermore I had never had the opportunity to discuss this eventuality with my uncle. My father lives alone in Montpellier and I am afraid of finding myself one day in a similar situation. Can anything be done?

A. There is a solution. Under the Law of 22nd of April 2005, French law allows people to make a ' testament de fin de vie'(the will of life's end) or ' directives anticipées'(anticipated directives), which can provide information concerning what treatment they wish to receive if they lose consciousness. This is similar to an English "Living Will". Under the new law, anyone who is over 18 can make a Living Will in case they are unable to express their will and indicate their wishes relating to their medical treatment at the end of their life. The Living Will sets out in particular the conditions under which treatment can be stopped or limited. Living Wills can be revoked at any time.

The law also provides that anyone who is aged over 18 can choose someone who can be a parent, a close friend or their general practitioner. This person is to be consulted by the doctors about the patient's wishes. This choice has to be made in writing and is revocable at any time.

Q. What conditions have to be met for a Living Will to be valid in France?

A. The Living Will must be contained in a document which has to be written, dated and signed by its author who has to give his surname, first name, date and place of birth. If the patient is unable to write and sign this document by himself, he can ask two witnesses, one of whom is the reliable person mentioned above, to testify that this document expresses the free will of the patient. To be valid, the Living Will must be made three years before the patient loses consciousness. The Will is valid for three years and is renewable by written confirmation for a further period of three years.

Q. Where should a Living Will be kept?

A. A Living Will should ideally be kept in a place easily accessible by the doctor who has to make a decision concerning the limitation or stopping of the patient's treatment. This is the reason why it should be kept in the medical file of the patient.

Q. Does a doctor have to follow a Living Will?

A. When the doctor has to make a decision concerning the limitation or stopping of treatment of a patient who is unable to express his will, he has to consult the reliable person, the family or if the patient has no family, a close friend or if need be, then the Living Will. However, nothing seems to oblige the doctor to follow them since he is only obliged to consult them. But whatever his decision, the doctor has to justify it professionally.