Medico Legal considerations in the case of individuals lacking capacity to consent informed at the medical act

In Europe, the legislation on the acquisition of informed consent is homogeneous. This legislation does not take into account that a large number of patients who have temporarily or permanently lost their decision-making capacity do not have a legal representative. While waiting for the law to consider the situation of patients temporarily unable to make medical decisions, hospitals cannot remain inert. After all, health workers are not authorized to treat these patients. We propose a shared position by doctors, practical and operational, where the acquisition of consent comes jointly from the patient and the next of kin where we can then comment on the legal and ethical limits.