Power of attorney when an individual lacks the legal capacity to give consent regarding healthcare decisions

As next of kin, you can be granted power of attorney to use Helsenorge on behalf of someone who lacks the legal capacity to give consent concerning healthcare decisions. You will need either a confirmation from a doctor that the person you are applying on behalf of lacks the legal capacity to give consent concerning healthcare decisions, or a verified lasting power of attorney.

Confirmation from a doctor concerning lack of legal capacity to give consent regarding healthcare decisions 

To request power of attorney, you must first obtain a confirmation from a doctor. The doctor must confirm in writing that: 

  • the individual for whom power of attorney is being requested lacks the legal capacity to give consent regarding healthcare decisions.  
  • you are the next of kin and are entitled to access Helsenorge.  

The doctor must confirm this using Helsenorge’s form: Confirmation from doctor of lack of legal capacity to give consent regarding healthcare decisions (pdf). 

Previous medical certificates and guardianships cannot be used. 

Using a lasting power of attorney to obtain power of attorney on Helsenorge  

If the individual for whom you are requesting power of attorney has drawn up a lasting power of attorney, this can be used in place of a doctor’s confirmation. The lasting power of attorney may only enter into force when the individual no longer has the legal capacity to give consent concerning healthcare decisions and the lasting power of attorney has been verified by the county governor. Read more about how to use a lasting power of attorney for Helsenorge. 

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.

How to apply for power of attorney

In order to complete and submit the power of attorney form, you will need to be logged in to Helsenorge via the ID portal. Remember to upload either a confirmation from a doctor or a lasting power of attorney. The form cannot be processed unless you attach one of these two documents. 

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.

Do you have any questions about power of attorney?

  • Only next of kin can be granted power of attorney to use Helsenorge on behalf of someone who lacks the legal capacity to give consent regarding healthcare decisions. In addition, you must be over 18 years old. The person on whose behalf you are using Helsenorge must be over 12 years old.

  • 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).

  • 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.

  • The power of attorney will be valid indefinitely. If you have already created a power of attorney with a duration of five years, you must renew the power of attorney when it expires. The power of attorney can be renewed by submitting a new confirmation form from a doctor. The new power of attorney will be valid indefinitely.

    The confirmation form from a doctor was recently updated with information about the period of validity of the power of attorney. If you want the power of attorney to be valid indefinitely, it is important that you submit the updated form. If you submit the form that does not have the updated information about the duration of the power of attorney, the power of attorney will be valid for five years.

  • If you wish to terminate a power of attorney, you can log in to Helsenorge and choose to end it under ‘Power of Attorney’.

Guidance Helsenorge

23 32 70 00

Monday-Friday from 08:00 to 15:30

Content provided by Norsk helsenett

Norsk helsenett. Power of attorney when an individual lacks the legal capacity to give consent regarding healthcare decisions. [Internet]. Oslo: The Norwegian Directorate of Health; updated Wednesday, February 12, 2025 [retrieved Friday, February 6, 2026]. Available from: https://www.helsenorge.no/en/power-of-attorney/using-helsenorge-on-behalf-of-others/power-of-attorney-lacks-the-legal-capacity-consent/