What is a Medical Power of Attorney?

A medical power of attorney is a legal document that allows you to transfer the authority to make medical decisions to another person — a family member, close friend, or caregiver — in the event that you become incapable of making decisions yourself. It is an essential legal tool that ensures medical decisions made on your behalf will be in accordance with your values, preferences, and true wishes, even when you cannot express them yourself.

In Israel, general medical power of attorney and continuing medical power of attorney are regulated by the Terminal Patient Law (1996) and the Consent to Medical Treatment Law (1996). These documents carry significant legal weight in medical institutions and clinics throughout the country.

A significant distinction exists between a general medical power of attorney — which pertains to routine medical treatment — and a continuing medical power of attorney, which addresses extreme decisions such as discontinuing life-sustaining treatment or refusing life-prolonging treatment. Each requires a deep understanding of your rights and patient obligations.

Attorneys experienced in this field will assist you in formulating your wishes in proper legal form, ensure that the document is valid in all hospitals and medical institutions, and protect your dignity and freedom of choice.

Why is a Medical Power of Attorney Essential Today?

• Autonomy and Dignity: Allows you to maintain your dignity and freedom of choice even when you cannot make decisions yourself.
• Family Peace of Mind: Relieves pressure on your family by clarifying your wishes in advance and prevents disputes over critical medical decisions.
• Legally Valid: A properly executed medical power of attorney document must be recognized in every medical institution in Israel, ensuring your wishes are preserved.
• Control Over Extreme Treatment: If you wish to limit life-sustaining treatment or direct the cessation of life-prolonging treatment under certain conditions, a continuing medical power of attorney is the only legal way to do so.
• Advance Directives: You can document specific instructions regarding pain management, anxiety treatment, religious or ethical values, ensuring that decisions are made in accordance with your considerations.

General Medical Power of Attorney

General Medical Power of Attorney grants your representative the authority to make decisions regarding routine medical treatment — examinations, medications, ambulatory care, minor surgeries, and similar treatments. This is the appropriate document in most cases where you want someone to manage your medical care when you are unable to decide for yourself — for example, during hospitalization, extreme anxiety, or treatment of chronic illnesses.

A general medical power of attorney does not require special legal authorization and can be signed before a witness (such as an attorney or notary public) or even before two ordinary witnesses, although signature before an attorney strengthens its evidentiary value.

Enduring Medical Power of Attorney

Enduring Medical Power of Attorney is a more advanced legal document that grants your representative the authority to make decisions on extreme matters — terminating life-sustaining treatment, refusing resuscitative measures, or deciding on treatment for extreme anxiety or pain. This is the appropriate document if you want someone to make decisions about your life in situations where medical treatment may significantly impact your quality of life.

An enduring medical power of attorney requires careful legal preparation and must be signed before two witnesses or before an attorney and notary public, in accordance with legal requirements. The document must be clearly expressed and demonstrate that you understand the implications of the decisions you are authorizing your representative to make.

Advance Directives

Advance Directives are a supplementary document in which you record your values, preferences, and specific instructions regarding medical treatment. For example, you may direct that you prefer natural treatment over chemotherapy, that you are religious and require spiritual care, or that you prefer to remain at home rather than be hospitalized. These directives help your representative understand your wishes and values, and prevent distortion or misinterpretation of your choices.

Advance directives can be as detailed as you wish — from general instructions about quality of life to very specific directives about particular treatments. While not as legally essential as a medical power of attorney, they significantly enhance your family's and medical team's understanding of your true wishes.

Medical Power of Attorney Under the Dying Patient Law

The Dying Patient Law (1996) established a series of principles regarding patient rights and decision-making authority concerning extreme measures. Under the law, if you are a dying patient (meaning your condition is terminal and your death is imminent), you have the right to direct the termination of life-sustaining treatment. An enduring medical power of attorney under this law grants your representative the authority to make such decisions on your behalf if you are unable to decide for yourself.

This document requires careful legal preparation and must be signed before witnesses or an attorney to ensure that this decision truly reflects your wishes and is not the result of pressure or deception.

Step 1: Initial Consultation and Needs Assessment

In the initial stage, we will meet with you for a one-time meeting or phone consultation to understand your needs, concerns, and preferences. We will discuss questions such as: Who would you like to be your representative? What medical decisions would you like them to be able to make? Are there any religious or ethical values that are important to you? What quality of life matters to you? This conversation is the foundation of your document, as it ensures that the power of attorney will be genuine and reflect your true wishes.

Step 2: Legal Drafting and Preparation of Draft

After understanding your needs, we will prepare a draft of a medical power of attorney (or advance directives) in standard legal language. The draft will be clear, precise, and legally compliant to ensure it will be recognized by all hospitals and medical institutions in Israel. We will send you the draft for review, and we will make any changes you request.

Step 3: Legal Review and Final Drafting

After you approve the draft, we will conduct a thorough legal review to ensure that the document meets all legal requirements. We will verify that the document addresses all important aspects, contains no contradictions, and accurately reflects your wishes. We will then prepare the final version of the document.

Step 4: Signature and All Legal Formalities

The final document will be signed before appropriate witnesses (two witnesses or an attorney and notary, depending on the type of document). We will ensure that the signature is executed properly, that the witnesses are qualified, and that all legal formalities are observed. This is of critical importance, as an improper signature could render the document invalid.

Step 5: Deposit and Documentation

After signing, we will ensure that the document is deposited securely and properly. You can deposit a copy with a hospital, health fund, or attorney. We will assist you with documentation and deposit to ensure that the document will be available to the medical team when needed.

Step 6: Updates and Monitoring

A medical power of attorney is not a one-time document. If you decide to change your representative, modify your directives, or update your values, you can do so at any time. We will assist you in updating the document and ensuring that the updated version is properly signed.

Why is it important to work with an attorney?

Working with an attorney experienced in healthcare law and medical power of attorney ensures several essential things:

• Legal Compliance: An attorney will know all legal requirements and will ensure that the document meets them, so it will be valid in all hospitals and medical institutions.
• Deep Understanding of Your Wishes: An attorney will listen to you carefully and ensure that the document accurately reflects your wishes, values, and preferences.
• Protection of Your Rights: An attorney will know your rights as a patient and as a person, and will ensure that the document protects them.
• Avoidance of Errors: Errors in drafting or signing could render the document invalid. An attorney will correct any errors and ensure that the signature is executed properly.
• Peace of Mind: Knowing that the document is legally sound and that your family will know your wishes, you can have peace of mind.

What is a Combined Medical Power of Attorney?

A combined medical power of attorney is a legal document that integrates general medical power of attorney, durable medical power of attorney, and advance directives — all in a single comprehensive document. This enables you to document all your medical decisions, from routine treatment to extraordinary care, in a manner that prevents confusion or misinterpretation.

A combined medical power of attorney is particularly suitable for individuals who wish to create a comprehensive and clear document that addresses all aspects of medical care and health law. It allows you to leave a clear legal legacy and prevents family disputes regarding medical decisions.

What is Included in a Combined Medical Power of Attorney?

• General Medical Power of Attorney: Authority for your representative to make decisions regarding routine medical treatment — examinations, medications, minor surgical procedures, and similar treatments.
• Durable Medical Power of Attorney: Authority for your representative to make decisions regarding extraordinary measures — discontinuation of life-sustaining treatment, refusal of resuscitation treatment, or decisions regarding treatment of extreme anxiety or pain.
• Advance Directives: Detailed documentation of your values, preferences, and specific instructions regarding medical treatment.
• Selection of Alternate Representatives: In the event your primary representative is unable to serve, you may designate alternate representatives.
• Instructions Regarding Religious or Ethical Considerations: If you have religious or ethical considerations, you may document them in the document.

Benefits of a Combined Medical Power of Attorney

A combined medical power of attorney offers several significant advantages:

• Clarity and Unambiguity: All your medical decisions are contained in a single document, which prevents confusion or misinterpretation.
• Time and Cost Savings: Instead of preparing multiple separate documents, you prepare a single unified document.
• Family Peace of Mind: Your family will know exactly what you wish, which prevents disputes regarding medical decisions.
• Comprehensive Legal Protection: The document reflects all aspects of your medical wishes and protects you from decisions you do not want.