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Glossary entry

French term or phrase:

Elle rend compte de la volonté de la personne

English translation:

He or she shall make the person\'s wishes known

Added to glossary by Frank Foley
Feb 15, 2020 19:48
4 yrs ago
25 viewers *
French term

Elle rend compte de la volonté de la personne

French to English Medical Law (general) Medical trials
The context is an Informed Consent Form: a clinical trial patient can nominate a trusted person to speak for them if they are unable to do so themselves.
The preceding text is:
Toute personne majeure peut désigner une personne de confiance qui peut être un parent, un proche ou le médecin traitant et qui sera consultée au cas où elle-même serait hors d'état d'exprimer sa volonté et de recevoir l'information nécessaire à cette fin.

As it's a specific legal term (Loi « Claeys-Leonetti » quoted here, for example, https://www.macsf.fr/Responsabilite-professionnelle/Ethique-... I was hoping there might be a well established translation, but I can't find one.

They will give an account.../ they will express the person's will/wishes...?
Proposed translations (English)
4 He or she shall make the person's wishes known
4 -1 He or she must take due account of the person's wishes
4 -1 The latter is to vouch for the patient's intention

Discussion

SafeTex Feb 16, 2020:
@ Frank and all I think you were spot on with "expresses". As Tony said, we don't have "se rendre compte de" and I'll add that it is not "prendre en compte" either.

It is "rendre compte de" as in:
http://dictionnaire.sensagent.leparisien.fr/rendre compte de...
Frank Foley (asker) Feb 15, 2020:
Thanks, Tony,"answerable" is good. I think it actually means to explicitly express the patient's wishes for them, but I was hoping there might be a legal term for it.
I'm thinking that "spokesperson" might be closer, now.
Oh, apologies to all: I forgot to add the next line: "Son témoignage prévaut sur tout autre témoignage."
Tony M Feb 15, 2020:
@ Asker Do note that here we have 'rendre compte de', and not 'se rendre compte de', still less 'prendre en compte'. In essence, this usually has the meaning of 'to be accountable / answerable for'.

Proposed translations

2 days 18 hrs
Selected

He or she shall make the person's wishes known

This is someone who is to speak for the person if the person becomes unable to speak for themselves. "Rendre compte" as a transitive, non-reflexive verb (meaning 4(b) here: https://www.cnrtl.fr/definition/compte) means to explain or report something to someone, or (more casually) to tell someone about something.

"To make your wishes known" is a common term used with respect to legal documents that speak for you when you cannot speak:

"What Documents Will You Need to Make Your Wishes Known?"
http://palliativedoctors.org/start/legal

"Making Your Advance Care Wishes Known"
https://www.nia.nih.gov/health/advance-care-planning-healthc...

"A California Advance Health Care Directive is a statutory form that makes your health care wishes known in the event you are either unable to speak for yourself or prefer that someone else make health care decisions for you."
https://www.bosinvest.com/blog/estate-planning/how-to-help-e...
Note from asker:
Thanks Eliza, and apologies, I should've closed this a day or so ago.
Peer comment(s):
neutral Adrian MM. : No. It means corroborating informed consent// if the patient has been unfit or incapable of making a signature, then it is for the delegate to account for the latter's intention *au cas où elle-même serait hors d'état d'exprimer sa volonté et de recevoir*
37 mins
That actually doesn't mean anything. Why would you need to "corroborate" something that's already proven by the patient's signature on the informed consent form? This text is about appointing someone to speak for you when you're unconscious/incapacitated.
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3 KudoZ points awarded for this answer. Comment: "I (and the deadline) went with "shall relate the person's wishes", but I like your answer mucho, aussi. :-)"
-1
3 mins

He or she must take due account of the person's wishes

The French uses the simple present but we would use the imperative in English as this is about an obligation

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Note added at 4 mins (2020-02-15 19:53:53 GMT)
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It's not a "specific legal term" asker, just straightforward French

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Note added at 14 mins (2020-02-15 20:03:01 GMT)
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How to conduct an assessment that is appropriate and ... - SCIEwww.scie.org.uk › care-act-2014 › appropriate-proportionate › how-t...
The objective is to take account of the person's wishes, preferences and desired outcomes, to promote their wellbeing and to identify, together with the person and their family, how best to use care and support to achieve their desired outcomes.

Nursing Practice: Knowledge and Carebooks.google.co.uk › books
Ian Peate, ‎Karen Wild - 2017 - ‎Medical
This is done by seeking evidence of a person's beliefs and values, which can ... or act for themselves, decision-makers must take into account all relevant factors ... as fully as possible • Take into account the individual's past and present wishes ..
Note from asker:
I've just added a bit more context in the discussion entry.
Peer comment(s):
neutral Tony M : This use of the present tense in FR is more usually rendered in EN by the prescriptive use of 'shall', which differentiates it from 'doit'; and 'rendre compte' I think has more 'be answerable for' than 'prendre en compte'.
39 mins
disagree Eliza Hall : I don't read "rend compte" that way (it's not "se rend compte"). It means communicating the person's wishes to others.
2 days 18 hrs
Something went wrong...
-1
3 hrs

The latter is to vouch for the patient's intention

I take Tony M.'s accounting-for point, but feel that the UK equivalent - Transatlantic colleagues ought to feel free to disagree - would be one BrE based or AmE predicated on Informed Consent itself.

Having dealt with UK tort-law/ medical negligence scenarios myself, I can't say that this 'delegation' of informed consent is a very common or encouraging prospect.



Example sentence:

Informed consent is documented by means of a written, signed, and dated informed consent form.

A local supervisory committee would be appointed to be accountable for the use of funds and to vouch for the quality of the product. agua-internacional-francia.fr Un comité de surveillance local serait mis sur pied pour rendre compte de l'utilisation

Reference:

http://www.linguee.fr/anglais-francais/traduction/vouch+for.html

http://en.wikipedia.org/wiki/Patient_consent

Peer comment(s):
neutral SafeTex : for me, this would mean that the person says to X that the intentions of the patient were "good" (not to harm, steal, profit or extort from etc.) It doesn't really make sense in our present context.
2 hrs
What you are referring to is a different word, namely: vouchsafe, plus you will know that, in ENG law, dictiionaries are an aid to construction. Vouch for encompasses 1. answer for and 2. attest to, confirm or *prove* www.thefreedictionary.com/vouch for
disagree Eliza Hall : I'm with SafeTex. The representative isn't proving or confirming anything; they're communicating/explaining/reporting something.
2 days 15 hrs
No. It means corroborating informed consent.
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