A durable power of attorney for healthcare is a legal document that allows you, as long as you have full mental capacity, to determine who will be able to make medical decisions on your behalf in a situation where you lose the ability to communicate or decide. It is one of the most important tools for health and family planning in Israel, and particularly in accordance with the Law of the Dying Patient and the Patient Rights Law.

This document allows you to transfer medical decision-making authority to a person you trust — a spouse, close family member, or any other person — without having to wait for court proceedings or complicated legal procedures when the need arises.

Who needs a durable power of attorney for healthcare?

Any person aged 18 and over in Israel can and sometimes should invest in this legal planning. It is especially important for those who fear medical complications, for couples who want mutual control, for workers in dangerous occupations, and for families with a complicated medical background. Even during a time when men and women of different ages plan their future, a durable power of attorney for healthcare becomes essential.

Durable power of attorney for healthcare versus limited power of attorney for healthcare

A durable power of attorney for healthcare remains in effect even after you lose the ability to communicate or decide, whereas a limited power of attorney for healthcare expires the moment you lose mental capacity. Therefore, for most practical purposes, a durable power of attorney for healthcare is the recommended choice. It ensures that medical decisions will continue to be made in accordance with your wishes even in the most difficult stages.

In Israel, a durable medical power of attorney is subject to two principal laws: the Patient's Rights Law (5756-1996) and the Law of the Terminally Ill Patient (5756-1996). Both laws recognize the patient's right to determine in advance what medical treatment will be provided and who will make decisions on their behalf.

Patient's Rights Law — Legal Background

The Patient's Rights Law protects every patient in Israel and grants basic rights such as the right to understand treatment, the right to consent to or refuse treatment, and the right to medical confidentiality. As part of these rights, you can delegate medical decisions to another person through a durable medical power of attorney.

Law of the Terminally Ill Patient — Definition and Application

This law addresses difficult situations in which a patient is in advanced stages of a terminal illness or severe pain. The law defines what the relationship can be between different parties — the patient, the family, the physician — in making decisions. This type of durable medical power of attorney allows you to direct your treatment in accordance with your personal values.

General Medical Power of Attorney versus Limited

You can issue a general medical power of attorney, which will grant decision-making authority over all medical matters, or a limited durable medical power of attorney that addresses only specific matters (for example, end-of-life care, transplants, or experimental treatment). The choice depends on your personal needs and your level of confidence in the attorney-in-fact.

When you execute a durable medical power of attorney, it is important to understand the rights and responsibilities of the attorney-in-fact — the person who will make decisions on your behalf.

Rights of the Attorney-in-Fact

The attorney-in-fact is entitled to speak with your doctors, receive medical information, consent to or refuse medical treatment on your behalf, and initiate medical procedures. They serve as your representative when you are unable to communicate or make decisions yourself. This is a position of great trust and responsibility.

Legal Responsibilities

The attorney-in-fact must act in accordance with your wishes as expressed in the power of attorney document. They must make decisions based on your values, not their own. If they act contrary to your instructions, they may be held legally liable. Therefore, it is essential to choose someone you trust absolutely.

Durable Medical Power of Attorney with a Single or Multiple Attorneys-in-Fact

You can appoint a single attorney-in-fact or more than one. If you choose multiple agents, you can specify whether they must act by mutual agreement or whether each can act independently. Often, families choose two close family members to ensure balance and mutual oversight.