[Which legal protection for the rights of aged people with cognitive disorders?]

Abstract

Jacques Brel, a French-speaking Belgian popular singer, carries a fatalistic look in his song Les Vieux [The Adged] that makes echoes to the implacable judgment of Charles de Gaulle "Old age is a shipwreck". Old age is synonymous with weakening, exhaustion and even decay. This image must be overcome to face a more nuanced reality, where autonomy is favored; we must developp the care of the frailest people (accessibility of places, geriatric care, home services, medicalized material…). The law is concerned with maintaining or restoring the rights of the most vulnerable people. The presence of cognitive disorders does not necessarily deprive the person of his ability to express himself. Thus, the judge has the obligation to adjust the protective measure to the capacities of the protected person; he/she ensures that his/her opinion is respected. In order to protect without diminishing, the guardianship judge relies in particular on the detailed medical certificate but also on the hearing of the person. It would not be possible for the judge to decide on such delicate issues as home care without the most reliable and concrete information.