Lasting power of Attorney (Amendment 18) transition guide
Enduring Power of Attorney - The Alternative to Guardianship
Any adult who is legally competent may appoint a power of attorney and give advance instructions on how to act regarding medical treatment they may need in the future or if they find themselves in a severe care situation due to an accident or illness, all in the event that they are unable to manage their affairs and make decisions on their own for any reason.
In the past, a judicial decision was submitted and accepted on their behalf, known as the appointment of a 'guardian.' The guardian's role is to manage and make decisions regarding medical treatment and/or various critical decisions about the course of treatment, almost entirely.
Recently, following the adoption of the UN Convention on the Rights of Persons with Disabilities and the amendment (Amendment 18) to the law in Israel, the legislator recognized that not every person and not in every situation where a person is 'incompetent' requires the appointment of a full, sweeping guardian, but there is a possibility for a much more convenient, quick, and appropriate solution.
Following that Amendment 18 to the Legal Capacity and Guardianship Law, which came into effect on 11/04/2017, the existing wording of the power of attorney under the Patient Rights Law was canceled.
Nevertheless, all power of attorney forms under the Patient Rights Law or combined powers of attorney that were legally signed before 10/04/2017 will remain valid.
For the duration of their fixed validity period (5 or 10 years, as relevant). To contact a power of attorney for instructions, it must first be established that the patient is not capable of making decisions regarding the medical treatment they require. For a patient who is terminally ill, a justified and documented medical decision by the responsible physician, as defined by law, is required. For a patient who is not terminally ill, the determination is based on the treating clinician's professional judgment, considering the patient's medical, mental, and intellectual condition, inability to communicate, unconsciousness, or any other reason. As long as the patient is competent and able to express an opinion, it is obligatory to obtain their instructions regarding treatment, even if a power of attorney was previously appointed; the patient's opinion, when competent, always overrides the instructions of their power of attorney. If, when needed, it is not reasonably possible to locate the power of attorney, or if the power of attorney withdraws their consent to act as such, it is considered as if no power of attorney was appointed at all. If any party obstructs the execution of the power of attorney (for example, a medical professional who refuses to accept instructions from the power of attorney), it is possible to request a decision from the following authorities: the supervisor of public complaints at the medical institution, the supervisor for the implementation of the Patients' Rights Law at the medical institution, or the institutional committee under the Terminally Ill Patient Law - 2005.
The legal advisor of the medical institution. Director of the Center for Advance Medical Directives at the Ministry of Health. It is important to note: an attorney-in-fact is not authorized to make decisions beyond what the patient was entitled to make and decisions prohibited by law. If someone is concerned that the attorney-in-fact is acting in a conflict of interest and/or not in the patient’s best interest and/or not according to the instructions received, it is possible to report this to the social workers in the institution where the patient is hospitalized or to the committee regarding the Terminally Ill Patient Law, which has the authority to revoke the power of attorney and determine the appropriate treatment for the patient. Interested in appointing a power of attorney? Contact us today to carry out the process.
