000			02218cam a2200205 4500500
005			20250112035510.0
041			_afre
042			_adc
100	1	0	_aRebourg, Muriel _eauthor
245	0	0	_aAdmission to a care facility and contract of residence: A perfectible law
260			_c2016.
500			_a39
520			_aThe law 2015-1776 of December 28, 2015, relating to the adaptation of society to ageing, has finalized several months of parliamentary debate on how public policies can meet the challenge posed by demographic change in France and in many other Western countries. The admission to a sociomedical establishment of an individual with impaired independence is a sensitive problem when it comes to expressing consent. The legal framework relating to admission to a care facility has developed towards more precise regulations. The new law is part of a broader legislative text designed to secure respect for the will and autonomy of the individual within the limits of their cognitive abilities. However, there are still practical difficulties and risks of abuse which law-makers must remedy. Article 27 of the law thus pays particular attention to consent when a person is admitted to a care facility, since consent from a person with impaired independence is difficult to obtain. The law is also vigilant about the relevance of contracts of residence and their appendices. This contribution suggests analyzing these new provisions, particularly the obligations of the manager of the facility regarding obtaining consent. These duties will also be discussed to show that a better distinction should have been made between the decision of admission and the signature of the contract in the interest of the person with impaired independence and the respect of their rights and individual liberties. The trusted person is involved in sociomedical relations, but their role could be extended.
690			_asupport
690			_acontract
690			_acapacity
690			_aindividual liberties
786	0		_nGérontologie et société | vol. 38 / o 150 | 2 | 2016-09-09 | p. 173-187 | 0151-0193
856	4	1	_uhttps://shs.cairn.info/journal-gerontologie-et-societe-2016-2-page-173?lang=en
999			_c172713 _d172712