- Business in Poland -
Medical Power of Attorney – How to Protect Your Healthcare Rights?
A medical power of attorney is a commonly used term for a document in which a patient designates a person authorized to act in matters related to treatment, information about the patient's health, or medical records. Under Polish law, however, there is no single universal institution of a "medical proxy" who can always make decisions on behalf of an adult patient.
In practice, the term medical power of attorney most often covers three types of documents: an authorization to receive medical information, an authorization to access medical records, and a civil power of attorney for organizational matters, such as collecting test results, contacting a medical facility, or representing the patient in a complaint procedure, granted under the rules of the Civil Code [4]. Each of these documents has a different scope and different legal consequences.
Medical Power of Attorney and Consent to Treatment
The key rule is straightforward: an adult patient who is conscious and capable of expressing their will decides personally whether to consent to a healthcare service. This follows, among other things, from the Act on Patient Rights and the Patient Rights Ombudsman and the Act on the Professions of Physician and Dentist [1], [2].
For this reason, a power of attorney for medical decisions should not be treated as an automatic transfer of the right to consent to treatment. Such a document may help a doctor establish the patient's wishes, identify a contact person, and organize communication with the medical facility. It does not, however, replace the patient's personal consent if the patient is able to give it effectively.
The three most important exceptions to the rule of personal patient consent are:
- a minor, an incapacitated person, or a patient unable to consciously give consent - depending on the situation, the consent of a statutory representative, parallel consent of the patient, consent of a de facto caregiver for an examination, or authorization from the guardianship court may be required;
- an emergency - a doctor may provide a healthcare service without consent if the patient requires immediate assistance and obtaining consent is not possible;
- surgery or a high-risk method, where the patient cannot give consent and it is not possible to obtain the consent of a statutory representative or authorization from the guardianship court - separate rules apply, especially in emergencies.
Authorization to Receive Medical Information
An authorization to receive medical information allows the designated person to obtain information about the patient's health condition, diagnosis, proposed and available diagnostic and treatment methods, prognosis, and treatment results. The legal basis includes, among others, Article 9 of the Act on Patient Rights and the provisions of the Act on the Professions of Physician and Dentist [1], [2].
The authorization may cover one specific person or several people. It is advisable to include the person's first name, surname, PESEL number, contact details, and the scope of the authorization. If the patient wants the designated person to be able to speak with doctors by phone, it is worth specifying the identity verification method, provided that the medical facility permits such a procedure.
Health information is special category data within the meaning of the GDPR [3]. For this reason, medical facilities often require a precise authorization and do not disclose information to individuals whose status has not been clearly established. The mere fact of being a family member is not always sufficient to obtain full medical information.
Authorization to Access Medical Records
A separate document is an authorization to access medical records. It allows the designated person to inspect medical documentation and collect copies, excerpts, extracts, or printouts. The rules governing access to medical records are regulated in particular by Article 26 of the Act on Patient Rights [1].
In practice, it is advisable to separate these two authorizations. A person authorized to speak with a doctor does not always need the right to collect full medical documentation. Conversely, a person handling formal matters may need only documents, without the right to have detailed conversations about treatment.
This is also important in disputes, for example where there is a suspicion that medical malpractice has occurred. Access to complete medical records is then one of the first elements of legal and medical assessment. Without documentation, it is difficult to establish the chronology of events, the scope of services provided, and any potential breaches of procedures.
What Should a Medical Power of Attorney Include?
The document should be as simple as possible, but precise. Overly general wording may make it difficult for a medical facility to honor the document. A scope that is too narrow, on the other hand, may prove ineffective in a crisis.
In practice, a medical power of attorney or authorization should include:
- the patient's details, including first name, surname, PESEL number, and contact details;
- the details of the authorized person, preferably including a PESEL number;
- a clear scope of authorization, such as medical information, medical records, collection of test results, or contact with the medical facility;
- an indication of whether the document applies to a specific treatment, one medical facility, or all healthcare providers;
- the date and the patient's signature;
- any provision authorizing access to medical records after the patient's death or objecting to such access, to the extent permitted by law.
If the document is to be used in multiple medical facilities, it is worth preparing it in written form and keeping several copies. Some healthcare providers use their own forms. This does not exclude the possibility of using your own document, but in practice it may require additional verification.
Importance for Business Owners and Managers
A medical power of attorney is usually associated with private matters, but it also has an organizational dimension. The sudden hospitalization of a business owner, management board member, key manager, or person responsible for compliance may paralyze communication with the family, the company, and institutions.
Medical documents do not replace corporate powers of attorney, commercial proxies, company representation rules, or a succession plan. They can, however, reduce informational chaos. A person designated by the patient may obtain confirmed information about the patient's health condition more quickly, which makes it easier to make organizational decisions while respecting the patient's privacy.
In matters at the intersection of treatment, data protection, liability of medical entities, and disputes, experience in medical law is important. The assessment always depends on the documents, the facts, and the role of each person involved.
Common Mistakes When Preparing the Document
The most common mistake is using one general sentence: "I authorize this person to handle all medical matters." Such wording may prove insufficient, especially when a medical facility needs to determine whether the authorization concerns information, documentation, collection of test results, or representation in correspondence.
The second mistake is omitting identifying details of the authorized person. The third is failing to update the document after a change in family circumstances, a conflict, a divorce, or a change of treatment location. The fourth is assuming that a power of attorney for medical decisions will always allow another person to consent to treatment on behalf of an adult, conscious patient.
This material is for informational purposes only and does not constitute legal advice. The preparation of the document should take into account the patient's health condition, family relationships, organizational risks, and the requirements of the specific medical facility.
If you need to organize documents, assess the scope of authorizations, or handle a dispute with a medical facility, Kopeć & Zaborowski can analyze the situation and indicate safe solutions after you contact the firm through the KKZ website.
FAQ - Medical Power of Attorney
Does a medical power of attorney allow another person to consent to surgery?
Not always. As a rule, an adult, conscious patient gives consent to treatment personally. The person designated in the document may obtain information and help with communication, but their role in consenting to a procedure depends on the law and the facts of the case.
What is the difference between an authorization to receive medical information and an authorization to access medical records?
An authorization to receive medical information allows a person to obtain knowledge about the patient's health condition and treatment. An authorization to access medical records allows access to medical documents, such as medical history, test results, and discharge summaries.
Does a family member automatically have access to information about the patient's health?
Not in every case. A medical facility must protect medical confidentiality and health data. The safest solution is to designate an authorized person in advance.
Does the authorization remain effective after the patient's death?
Access to medical records after the patient's death is regulated by the Act on Patient Rights. A prior authorization, the patient's objection, and the status of a close person may all be relevant. As a rule, documentation may be made available to a person authorized during the patient's lifetime, the patient's statutory representative at the time of death, and a close person, unless an effective objection provided for by law applies.
Does a medical power of attorney have to be notarized?
As a rule, an authorization to receive medical information or access medical records does not require a notarial deed. For evidentiary purposes, written form is usually the safest option, although a specific situation may justify a more formalized document.
Can an authorization to receive medical information be revoked?
Yes. The patient may revoke or change the authorization. For evidentiary purposes, it is best to do so in writing and deliver the revocation to the medical facility.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
Bibliography
- [1] Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman.
- [2] Act of 5 December 1996 on the Professions of Physician and Dentist.
- [3] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - GDPR.
- [4] Act of 23 April 1964 - Civil Code.
