Question 1107 — disqualifications and incapacities

Summary

Ms. Mireille Clapot draws the attention of the Minister of Solidarity and Health to the hospitalization of elderly people under guardianship, to the necessary permanent presence provided by the family of the person hospitalized, and to the absence of legal text on this subject. All internal regulations of public hospitals provide for strict visiting times for hospitalized people: the authorized time slots vary, depending on principle, from noon to 8 p.m. There is an exception to this principle: parents of hospitalized children can stay with their children for no time limit (night and day). This exception to the principle is transcribed in ministerial circular no. 83-24 of August 1, 1983. These provisions were also included in the European charter for hospitalized children (1988). However, under the law and various regulations applicable in this area, certain adults are legally treated as children: this is the case for adults protected under guardianship. In the specific case which concerns her and which she takes the liberty of submitting to him, it concerns a very elderly person, suffering from Alzheimer's disease and under guardianship for many years. The reactions of people in this physiological state are unpredictable and often very dangerous. for themselves (infusions torn off, etc.) despite the vigilance and dedication of hospital staff. Furthermore, these hospitalized people are vulnerable due to their illness, and subject to attacks of uncontrolled fear which make them even more fragile. As the Minister knows, the guardianship of people suffering from Alzheimer's disease is entrusted when there is a family and the conditions are required, to this family, one of whose members is appointed guardian. Most of the time, these are the children of this person who legally become, ipso facto, the parents of their own parents. To date and to the best of our knowledge, no internal hospital regulations nor any legal text provides for the possibility for family members to benefit from the same advantages as those granted to the parents of children. hospitalized. The occasional authorization granted through mediation or the benevolent (and above all lucid) intercession of a hospital practitioner is too uncertain, because it depends solely on the good will of a person. She therefore asks him to what extent it would be possible to extend the scope of application of the existing text (mentioned ministerial circular) to hospitalized protected adults.

Machine translation from French. The official text remains authoritative.

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