Patient's confidant. Is it necessary to certify the patient’s power of attorney to his representative? Determination of representation based on a power of attorney

Classification of patient representatives:

1. Legal representatives:

Parents, adoptive parents or trustees (Articles 21 and 26 of the Civil Code of the Russian Federation)

Guardians of minors (up to 15 years old, if a drug addict is under 16 years old) and adults recognized by the court as incompetent (Article 32 of the Civil Code of the Russian Federation).

2. Representatives acting by proxy:

Representatives of adults, capable, acting by proxy (Article 185 of the Civil Code of the Russian Federation)

A power of attorney is a type of agency agreement (Chapter 49 of the Civil Code of the Russian Federation).

A capable person has the right to issue written authority to any individual or organization to represent his rights and interests before third parties.

The only prohibition against acting by proxy is marriage. The patient has the legal right to issue a power of attorney to a person of his choice (either a relative or another person capable of calmly and competently acting in his interests, as well as a legal entity).

Requirements for a power of attorney:

List of civil rights (including patient rights) that the specified proxy will exercise on behalf of the principal

Example of a list of rights:

Exercise on my behalf all the rights of the patient provided for by the Federal Law of November 21, 2011 N 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation", in particular, the right to choose a medical institution and doctor, the right to give informed voluntary consent and refuse medical intervention (including consent to cessation of resuscitation measures), the right to receive any information about the state of my health, the right to get acquainted with all medical documents relating to my health, to receive copies of them, the right to choose persons to whom, in my interests, any information about state of my health, the right to submit complaints and statements on my behalf to any officials, including state and local authorities, courts, prosecutors, any expert, human rights and other organizations.”

Having a document in the form of a power of attorney allows an outside visitor to move from the legal status of outsider to the position of a person with a very specific number of legal powers set out on paper.

Any restriction of the presence and actions of a trusted person in the interests of the patient that is not justified by extreme necessity (the vital interests of third parties) is an infringement not of his rights, but of the rights of the patient-principal, with all the ensuing consequences for the offender.

Interfering with the activities of a trusted person is also a violation constitutional right of the principal, since in accordance with Art. 45 of the Constitution of the Russian Federation “every citizen can defend his rights and freedoms by all means not prohibited by law.”
The patient, after issuing a power of attorney, retains absolutely the entire scope of his legal capacity. He can exercise his rights both independently in the absence of an authorized person, and with his participation.

The patient has the right to change or cancel the power of attorney at any time - in accordance with Article 188 of the Civil Code of the Russian Federation“...the person who issued the power of attorney may at any time revoke the power of attorney or sub-power of attorney, and the person to whom the power of attorney was issued can renounce it. An agreement to waive these rights is void.”
Citizens should know that it is up to them to decide whether or not to have a power of attorney with the above text certified by a notary - it's their right, not their responsibility. According with part 2 of article 185 of the Civil Code of the Russian Federation, notarization requires only a power of attorney for transactions that require a notarized form and a power of attorney that provides for the possibility of reassignment (Part 3 of Article 187 of the Civil Code of the Russian Federation). The proposed form is not one of them.

POWER OF ATTORNEY

city ​​"___" _____________ 20_

I, ____________________________________________________________

residing at: ________________________________________________
I trust gr._______________________________________________________________
Full name, passport: series, number, who issued it, when it was issued

_________________________________________________________________

exercise on my behalf all the rights of the patient provided for by the Federal Law of November 21, 2011 N 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation", in particular, the right to choose a medical institution and doctor, the right to give informed voluntary consent and refuse medical intervention, the right to receive any information about the state of my health, the right to get acquainted with all medical documents relating to my health, to receive copies of them, the right to choose persons to whom any information about the state of my health can be transferred in my interests, the right to file complaints on my behalf and statements to any officials, as well as to represent my interests regarding the provision of medical care to me in any medical and administrative institutions of the Russian Federation, to conduct civil cases in all judicial institutions with all the rights granted by law to the plaintiff, defendant, third party and victim, including the right to end the case amicably, recognize or waive claims in whole or in part, change the subject of the claim, appeal a court decision, obtain a writ of execution
leaf.

It can be assumed that doctors will be more willing to make contact with a person who has contacted them about the health of a particular patient and at the same time has.

Such a trusted person (attorney) will no longer be perceived by doctors as an outsider On the contrary, he has the right at any time to be admitted to the hospital where the patient is located, to take part in medical research and in the provision of medical care. In addition, he is provided with access to the medical records of a specific patient.

The power of attorney properly indicates the entire list of legal powers of the attorney. Among his competencies is the right to choose medical institutions and the treating doctor, to agree to medical procedures or to refuse them.

He can also choose people who, being interested, should be informed about the patient’s well-being. And this should also be separately specified in the power of attorney.

In addition to the listed responsibilities, he has the right to appeal to various authorities with requests and claims, be it the management administration, the court, the prosecutor's office, etc.

Who can be given authority?

Based on the above, it is necessary to determine who the “legal representative” and “representatives acting by proxy” are.

Legal representatives are parents, adoptive parents, guardians, trustees, etc., that is, these are persons who have the legal right to represent the interests of a minor or incompetent patient.

In the second case, a person can in writing instruct any individual to represent his interests and civil rights before third parties, and this is directly stated in the law (Article 185 of the Civil Code of the Russian Federation).

Thus, any adult, sane, adequate citizen can become a patient's attorney, regardless of whether he is a relative of the patient or not. Any legal entity can also represent the interests of the patient.

How to write a power of attorney to receive tests in a hospital?

Let's say a child is about to get vaccinated. If a small patient goes to a clinic with his grandmother, then in this case the law will not allow her to take any actions in hospitals and clinics in the interests of her grandson without the appropriate permission of the parents.

Them a power of attorney should be issued under which a specific person will represent the interests of the child, in this case - grandmother. Let's consider the order of its writing and content.

It should be noted that there is no strict requirement regarding the form in which a document should be drawn up - written or. There is also no special one on which a power of attorney could be created.

Article 186 of the Civil Code of the Russian Federation. Duration of power of attorney

• If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.

  A power of attorney that does not indicate the date of its execution is void.

• A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

You should also figure out how long the power of attorney can be valid. At the same time, it is quite simple to determine the period of validity of the document: you need to proceed either from the text of the power of attorney or rely on the law.

If the document does not indicate a specific validity period, then by default it is 1 year(Article 186 of the Civil Code of the Russian Federation).

In this case, a power of attorney can be issued for any period of time.

However, it is impossible to create a document that would be valid for an unlimited time. A power of attorney can be issued for a maximum of three years. It then becomes invalid or, if necessary, must be reissued.

Often visiting our relatives or friends undergoing treatment in a hospital, we act as “outsiders,” a kind of petitioner who may not be allowed in, kicked out, or otherwise violated in their rights. However, the law, namely “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” determines the circle of persons who have the right to unhindered access to the patient at any time of the day. These are the “legal representatives of the patient.” Who can be such a legal representative?

Firstly, the legal representatives of a patient under 18 years of age are his parents or guardians. To confirm the “legality of their representation,” they only need to present a document confirming that they are parents or guardians.
Secondly, the patient’s legal representative can be a person (not necessarily a relative) to whom the patient has given a written power of attorney to represent his interests (Appendix No. 1 “Basics”). This power of attorney does not require notarization; a simple signature from the patient is sufficient. Let's look at specific situations.
Can a legal representative be denied access to a patient on the grounds that visiting hours have ended?
Can not. The right of a legal representative to visit is valid 24 hours a day.
Can a legal representative be denied access to a patient, citing the fact that the hospital is under quarantine?
Can not. Internal hospital orders are subject to federal law.
Can a legal representative be denied access to a patient on the grounds that the patient is in intensive care?
Can not. The rights of the legal representative apply to all departments and premises of the hospital, with the exception of the operating room.
The patient's legal representative also has the right to complete information about the patient's health status and treatment: to talk with the attending physician, to read the medical record, view examination results, to receive copies and extracts from the hospital record (upon written request) for consultation with other specialists.
The legal representative also has the right to demand a change of doctor, change of treatment methods; has the right to demand the appointment of a consultation or transfer to another medical institution.
If you, having a power of attorney from the patient, encounter opposition from any health worker, contact your attending physician, or the chief physician or his deputy immediately. Your actions in the interests of the patient, if there are grounds and his power of attorney, are absolutely legal, and all the officials listed above, in accordance with the law “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens,” are obliged to respond to your requests and take specific measures to protect your rights.

Information about health status, diagnostic results and established disease, treatment methods and possible risks, as well as other information are, as a rule, provided only to the patient. However, there are situations when information constituting medical confidentiality can be obtained by the patient’s legal representative.

WHO NEEDS A LEGAL REPRESENTATIVE

1. a person who has not reached a certain age (it is established in Article 54, Part 2 of the Federal Law);
2. a citizen who is recognized by law as incompetent;
3. a capable adult - in accordance with Article 19, Part 5 of the Health Protection Law.

Most adult patients count on the participation and help of friends and family during treatment. However, based on the requirements of the law on maintaining medical confidentiality, the doctor does not have the right to disclose such information to anyone. The only solution is for the patient to select the person or persons who may have access to this type of personal information.

Based on legal requirements, to represent the interests of a patient, a power of attorney is required indicating the powers of the authorized person. A power of attorney can be one-time, general, intended to carry out several actions, or general. The power of attorney can indicate a list of actions that the patient’s legal representative can perform on behalf of the patient.

POWERS OF THE AUTHORIZED PERSON

In particular, the document may stipulate the right to choose a doctor and a medical institution, the ability to give consent or refuse procedures (including deciding the advisability of resuscitation measures), receive any information about the state of health, get acquainted with all medical documents and receive extracts, choose the person to whom You can also provide information about the patient's health status. In addition, the authorized representative has the right to file complaints with any expert, human rights and other organizations, including the court.

Violation of the rights of a patient's proxy is a violation of the rights of the patient himself, and obstruction of activities is a violation of the patient's constitutional right, because in accordance with Article 45 of the Constitution of the Russian Federation, everyone has the right to protect their rights by all methods not prohibited by law. By the way, after issuing a power of attorney, a person still retains the entire scope of legal capacity. Also, in accordance with Article 188 of the Civil Code of the Russian Federation, you can change or cancel the power of attorney at any time.

You can also entrust a law firm with comprehensive protection of the patient’s interests. Professional lawyers will conduct a legal analysis of contracts or other documents, help identify legal risks when receiving medical services, check the medical institution for compliance of its activities with existing legislation, etc. If a controversial legal situation arises, the company will offer a prompt solution.

Good morning!

The legal relations of the parties in this situation are regulated by Art. 22 “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011 N 323-FZ.

Article 22. Information about health status
3. Information about the state of health cannot be provided to the patient against his will. In case of an unfavorable prognosis for the development of the disease, information must be communicated in a sensitive manner to a citizen or his spouse, one of his close relatives (children, parents, adopted children, adoptive parents, siblings, grandchildren, grandparents), unless the patient has forbidden him to inform them about this and (or) did not identify another person to whom such information should be transferred.
4. The patient or him legal representative has the right to directly familiarize himself with medical documentation reflecting the state of his health, in the manner established by the authorized federal executive body, and to receive advice from other specialists on the basis of such documentation.
5. The patient or him legal representative has the right, on the basis of a written application, to receive medical documents reflecting the state of health, their copies and extracts from medical documents. The grounds, procedure and deadlines for providing medical documents (copies thereof) and extracts from them are established by the authorized federal executive body.

According to Art. 52 of the Code of Civil Procedure of the Russian Federation, the legal representatives of incapacitated citizens or those who do not have full legal capacity are understood to be their parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law.
Since in your situation we are not talking about declaring the patient incompetent or partially capable, legal representation is impossible.
Much depends on goals, for which you require medical documents.
In case this purpose is to provide any evidence in a court, then medical documents can be requested by the court at your request in accordance with Art. 57 Code of Civil Procedure of the Russian Federation.

Article 57. Presentation and request of evidence
1. Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. In case the presentation of the necessary evidence for these persons difficult, the court, at their request, assists in collecting and requesting evidence.
2. A petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.