What does it mean if an individual lacks the legal capacity to give consent regarding healthcare decisions?
A person lacks the legal capacity to give consent regarding healthcare decisions if it is evident that they are unable to look after their own interests and do not understand what consent means. This may be due to physical or mental disorders, dementia or intellectual disabilities.
What does ‘next of kin’ mean?
You are considered to be next of kin if the treating doctor has confirmed that you are the person who has the most frequent ongoing contact with the individual over time. You can read more about this in Section 1-3 of the Patient and User Rights Act (in Norwegian).
Alternatively, the person lacking legal capacity to give consent regarding healthcare decisions may have specified their next of kin in a lasting power of attorney (fremtidsfullmakt).
How to apply for power of attorney
Obtain confirmation from a doctor or use a verified lasting power of attorney
To apply for power of attorney, you must either have confirmation from a doctor that the person you are applying on behalf of lacks the legal capacity to give consent regarding healthcare decisions, or a verified lasting power of attorney (fremtidsfullmakt).
Confirmation from a doctor regarding a lack of legal capacity to give consent concerning healthcare decisions
- Doctors must use Helsenorge’s confirmation form, Confirmation from doctor of lack of legal capacity to give consent regarding healthcare decisions (PDF) (in Norwegian).
- The confirmation form must be completed by the doctor treating the person on whose behalf you will use Helsenorge.
- Previous medical certificates and guardianships cannot be used for this type of power of attorney.
Lasting power of attorney (fremtidsfullmakt)
- A lasting power of attorney is a written declaration in which a person grants another person the right to act on their behalf if they become seriously ill or develop dementia.
- For the lasting power of attorney to be valid, it must cover the areas of ‘personal affairs’ and/or ‘health’.
- The lasting power of attorney must also be confirmed by the County Governor. Confirmation of a lasting power of attorney means that the County Governor verifies that the power of attorney has come into effect and is valid. Read more about lasting power of attorney at the Norwegian Civil Affairs Authority (In Norwegian).
Log in to Helsenorge
In order to complete and submit the power of attorney form, you must be logged in to Helsenorge.
You must log in to Helsenorge to confirm that you are who you claim to be. You log in to Helsenorge via ID-porten. Read more about logging in to Helsenorge.
The form will be stored on Helsenorge
Once you have submitted the form, a copy of it will be sent to your Helsenorge inbox. This is your personal copy which you can delete whenever you want. A copy of the form can also be found in Documents.
What are you permitted to see and do when you have power of attorney?
If you use Helsenorge on behalf of someone who lacks the capacity to consent, you will have access to all the services on Helsenorge that are available through a power of attorney. You can have a power of attorney to:
- view information registered about the person for whom you have a power of attorney
- view their patient record
- use digital services on Helsenorge on behalf of the person for whom you have a power of attorney
You do not have a power of attorney to change the GP on behalf of the person for whom you have a power of attorney. To change their GP, you must contact Guidance Helsenorge. Read more about obtaining a power of attorney.