Legal and Ethical Challenges of Publishing Medical Information Without Consent in Dementia Cases

The documentary by Niv Reskin about basketball star Miki Berkovich's family's struggle with dementia has sparked widespread public attention in Israel. Dementia affects tens of thousands of Israelis and impacts not only patients but also their close circles. The film has raised awareness about diagnosis, treatment options, external care assistance, and the importance of openness without shame or concealment.

However, some viewers expressed discomfort with the documentary revealing intimate medical details about Berkovich without his explicit consent, as he is cognitively incapacitated. This raises complex legal questions about publishing private health information of individuals unable to consent. When a person loses cognitive or mental capacity to manage personal, financial, or medical affairs, another party must legally represent them.

There are three main legal frameworks for such representation: informal guardianship by a close relative without formal appointment, formal guardianship appointed by court, and a "continuing power of attorney" established by the individual while still competent. The latter allows a trusted person to manage affairs with less state oversight. All representatives are legally obligated to act in the best interest of the incapacitated person, maintaining their dignity and privacy.

The decision to disclose medical information must balance the patient's welfare, such as preventing misinformation, and privacy rights. For public figures, advance directives regarding disclosure can be included in continuing power of attorney documents. Ultimately, the law requires representatives to act diligently, skillfully, and in good faith, prioritizing the patient's interests over their own.

This discussion highlights the sensitive intersection of medical privacy, public interest, and legal guardianship in cases of cognitive decline, emphasizing the need for clear legal and ethical guidelines.