What is a lasting power of attorney?
A lasting power of attorney is a private power of attorney that is created to determine who will look after your interests if you are no longer able to do so yourself. The power of attorney may cover both financial and personal matters, including health.
The lasting power of attorney will enter into force when you no longer have the legal capacity to give consent concerning healthcare decisions. In order to be valid, it must first be verified (authorised) by the county governor.
You must create a lasting power of attorney yourself
The power of attorney must be drawn up in writing and signed in the presence of witnesses. Before the power of attorney can be used, it must be verified by the county governor. The next of kin is responsible for ensuring that the power of attorney is verified if you no longer have the legal capacity to give consent concerning healthcare decisions.
How to draw up a lasting power of attorney that can be used on Helsenorge
In order to use a lasting power of attorney on Helsenorge, it must clearly state that the person who has been granted power of attorney is either responsible for managing personal matters or is entitled to view all healthcare data concerning you. If this is not clearly stated, the lasting power of attorney cannot be used to access Helsenorge.
Examples of healthcare statements that are sufficiently clear:
- “The individual who has been granted power of attorney may access all data concerning my health.”
- “The individual who has been granted power of attorney may access all information concerning my health.”
Examples of healthcare statements that are not sufficiently clear:
- “The individual who has been granted power of attorney will accompany me to the doctor and other appointments with the health service.”
- “The individual who has been granted power of attorney may take responsibility for general follow-up concerning my health.”
- “The individual who has been granted power of attorney may apply for a place at a nursing home.”
Such wording is considered too ambiguous and cannot be used as the basis for gaining access to Helsenorge.
Why can we not accept all lasting powers of attorney that cover “health”?
Access to Helsenorge also entails access to sensitive health data, such as medical records, diagnoses and test results.
It must therefore be clearly stated that the individual who has been granted power of attorney is entitled to gain access to all health data. General wording such as “health”, “follow-up” or “assistance with respect to the health service” is not sufficiently clear, as it is not clearly stated that the individual who has been granted power of attorney may be given access to sensitive health data that can be displayed on Helsenorge. Lasting powers of attorney using such wording will therefore be rejected.
If a lasting power of attorney is not sufficient to access Helsenorge, you can apply for power of attorney to use Helsenorge on behalf of someone else. In this case, you will need a confirmation from a doctor stating that the individual lacks the legal capacity to give consent concerning healthcare decisions, and who their next of kin is. You will need to use the following form: Confirmation from doctor concerning lack of legal capacity to give consent regarding healthcare decisions.
What you will need to do in order to use a lasting power of attorney for Helsenorge as next of kin
When an individual who has drawn up the lasting power of attorney is no longer capable of giving consent concerning healthcare decisions, the following must take place:
A doctor or authorised treatment provider must confirm that the individual lacks the legal capacity to give consent concerning healthcare decisions.
The next of kin or treatment provider must submit the medical confirmation and lasting power of attorney to the county governor for verification.
When the lasting power of attorney has been verified, you will need to do the following on Helsenorge:
- Log in to Helsenorge
- Fill in the form to grant power of attorney for Helsenorge
- Attach a copy of the verified lasting power of attorney
You will receive a response to your application within 30 working days. You will be notified when the matter has been processed or if any information is missing.
Revoking consent to use a lasting power of attorney
If an individual who lacks the legal capacity to give consent concerning healthcare decisions has previously consented to the use of Helsenorge, such consent may be revoked using a verified lasting power of attorney. Consent to use Helsenorge may be revoked even if the power of attorney does not grant access to Helsenorge.