In accordance with the Patient's Rights Law, a person is permitted to assign power of attorney to a representative to make medical decisions on his behalf in future situations in which he may be unable to provide informed consent to medical treatment
Power of attorney for medical issues only must be done on the medical power of attorney form (form d)
- Medical Power of Attorney form (form d)
- As of 11.04.2017 power of attorney for medical treatment can be done in two ways:
- On a power of attorney form that is for medical purposes only (medical power of attorney form (form d) - in this case the power of attorney is only valid to medical related issues.
- In the framework of continuous power of attorney - in this case the power of attorney relates to medical and other issues such as property and personal issues.
- The information on this page deals with power of attorney for medical related issues only. For information regarding power of attorney for medical issues and other needs, see Power of Attorney in preparation for the inability to make decisions in the future.
Powers of attorney that were written before 11.4.2017 and properly signed on the power of attorney form according to the Patients' Rights Law, continue to be valid until their original expiration dates.
Power of Attorney for Medical Issues Only
- The Patients' Rights Law, states that medical treatment may not be provided to a patient who has not given informed consent.
- Section 16 of the law allows anyone who wishes to assign power of attorney to a representative to make medical decisions on their behalf. This applies in a case where one is unable to give informed consent due to a physical, mental, or cognitive state, or any other reason.
- Assigning power of attorney may eliminate the need to go to court in order to appoint a guardian or receive special instructions for urgent medical treatment.
- The power of attorney is given on form d of the Legal Competency and Guardianship Law.
Target Audience and Prerequisites
- All adults (18 years and over) with a clear understanding of power of attorney are entitled to assign someone else to act as their representative.
- A representative must be an adult who is legally competent, and whom the person giving the power of attorney (the grantor) trusts personally, and in terms of judgment.
Stages of the Process
- A power of attorney should be signed on form d of the Legal Competency and Guardianship Regulations.
- The signing of the power of attorney must be witnessed by a lawyer (even if the lawyer did not have specific training for this), licensed doctor, social worker, psychologist, or certified nurse.
- The representative must also sign the form in front of one of the listed professionals in order to show that he understands the significance of the power of attorney and the responsibility that it entails.
- The professional who witnesses the signing of the medical power of attorney verifies that the grantor understands the significance of giving the power of attorney and that he knows he can include in it future instructions. The witness also verifies that the power of attorney was given by consent and free will.
- A medical power of attorney that is not registered with the general guardian is valid for one year. If the power of attorney comes into effect during that year it continues to remain valid.
- The medical power of attorney also gives authority over psychiatric tests and treatments in the community and hospital - unless it was otherwise established.
- The following actions require explicit consent in the medical power of attorney without which the representative is not authorized to act:
- Give consent for psychiatric evaluation
- Give consent for psychiatric treatment
- Give consent to be hospitalized in a psychiatric hospital
- Give consent to be released from a psychiatric hospital
- If the grantor opposes one of these procedures at the time it is about to happen, the procedure can not be done even if the grantor had initially consented to itת unless the continuing power of attorney was also signed in the presence of a psychiatrist and the grantor had explicitly given authority to the representative to give consent despite his opposition.
- At the time that this power of attorney is signed the psychiatrist must explain to the grantor the significance of his consent and what the repercussions may be. The psychiatrist should make sure that the power of attorney was granted with free will and consent without any pressure, unfair influences, or exploitation of weakness or distress.
- In the case of hospitalization, the consent of the power of attorney to hospitalize is valid for 48 hours or until the person is capable of giving his own informed consent.
Submitting a Medical Power of Attorney
- The power of attorney must submitted to the office of the public guardian.
- The medical power of attorney must be submitted in person by the appointing person or some he gives power of attorney to submit it.
- The professional who witnessed and signed the power of attorney and the appointing person should keep an original copy of the form.
Power of Attorney for the Treatment of a Terminally Ill Patient
- The power of attorney discussed here does not apply to a situation in which the grantor is (or will be) terminally ill.
- A person who wishes to prepare in advance for a situation in which he may be terminally ill, can prepare a Registering a Living Will and/or appoint a power of attorney as specified by the guidelines of the Terminally Ill Patient Law.
Combined Power of Attorney
- In the past it was possible for one to appoint a power of attorney for general medical treatments and for the event that he was terminally ill on the same form.
- In light of the amendment in theLegal Competency and Guardianship Law that came into effect on 11.04.2017, one can no longer assign both of these powers of attorney on the same, combined form. They must be filled out on two separate forms.
- Combined power of attorney forms that were signed before this date and registered on the Ministry of Health website according to the law will be honored and continue to be valid until their expiration dates (5 years from the approval date).
- Any future changes or renewal of the current directive must be done in accordance with the Terminally Ill Patient Law (notification of this will be sent at the time of renewal).
- Click here for a full list of government agencies responsible for issues related to old age and aging
- Main government agencies:
|Government Agency||Website||Rights and Areas of Responsibility|
|*8840 Ministry for Social Equality - Hotline for Public Inquiries||Ministry for Social Equality website||The hotline run by the Ministry for Social Equality gives the elderly a central address to direct all of their questions, provide information regarding rights, services and benefits entitled to the elderly. It also helps them actualize these rights.|
|The National Insurance Institutehotlines -||Senior Citizens' Rights on the National Insurance Institute's website.||Rights to various allowances given based on age and economic situation.|
|The National Insurance Institute's Call Center for Senior Citizen Counseling Serviceshotline -||Senior Citizens' Rights on the National Insurance Institute's website.||Free aid provided through counseling services for senior citizens and the call center|
|The Ministry of Labor, Social Affairs and Social Services
||Senior Citizens on the Ministry of Labor, Social Affairs and Social Services website||Funding of Nursing Homes for independent and frail seniors. Various services are also provided within the community.|
|The Ministry of Health||Senior Health on the Ministry of Health website.||Health Insurance and assistance for those suffering from age related health problems.|
|*5442 The Ministry of Housing and Construction Call Center||The Ministry of Construction and Housing website||Housing Assistance and Problem Solving for Senior Citizens|
|Equal Employment Opportunities Commission- 02-6662701||Equal Employment Opportunities Commission website]||The commission responsible for enforcing equality in the workplace and for handling cases of prohibited discrimination.|
|The Population and Immigration Authority - *3450||Population and Immigration Authority website||Treatment of foreign workers, responsible for giving permits for the employment of foreign workers, managing the financial deposits that employers of foreign workers are required to deposit, oversight of the entrance and exit of foreign workers into Israel, issuing a death certificate, and updating the Population authority.|
Laws & Regulations
- Original information provided by ESHEL - The Association for the Planning and Development of Services for the Aged and The Association of Law in the Service of the Elderly.
- English translation and maintenance by The Shira Pransky Project.