One of the hardest moments for a family is when a doctor asks “who decides?” and the patient can no longer answer. A continuing power of attorney for medical matters lets you decide in advance who will make medical decisions on your behalf, and based on which values and wishes.
What is a medical continuing power of attorney?
It is a continuing power of attorney that applies only to medical care. The attorney can consent to or refuse treatments, tests and hospitalization, receive medical information and speak with the medical team. A full continuing power of attorney can also cover property and personal matters, such as where you live. You can prepare a full document or a medical-only one.
Who witnesses the signing?
A full continuing power of attorney is signed only before a lawyer who has completed the Administrator General’s training. A medical-only power of attorney can also be signed before any lawyer, a licensed physician, a social worker, a psychologist or a registered nurse. In all cases the document must be deposited with the Administrator General, otherwise it will not come into force.
What should it include?
- Who the attorney is and who replaces him if he cannot act.
- Advance directives: your position on life-prolonging treatment, artificial nutrition, resuscitation, place of care (home, hospital, facility) and pain. See our article on advance directives.
- Values and beliefs you want taken into account, including religious considerations.
- Psychiatric hospitalization: authorizing the attorney to consent to it requires a special annex signed before a psychiatrist.
How is it different from directives under the Dying Patient Law?
These are two separate tracks. Directives under the Dying Patient Law deal with terminal illness and are registered in a Ministry of Health database. A medical continuing power of attorney is broader: it applies whenever you cannot understand and decide, and appoints a person to act for you. Some people do both, and it is important to make sure the documents do not contradict each other.
What if the patient objects at the moment of decision?
In a significant medical decision, the attorney will not act against the grantor’s wishes if he objects at that moment, unless the power of attorney explicitly states otherwise. This is one of the decisions worth thinking about in advance with your lawyer.
Where do you go from here?
Every person and every family is different, so a good continuing power of attorney is built around the assets, the family relationships and the wishes of the person granting it. At Paz Israel & Co. Law Office we draft continuing powers of attorney and advance directives, and we also support families when the document comes into force. For more information see our continuing power of attorney page, or contact us to schedule a meeting.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.