Problems in Getting Hold of Medical Records

Family doctors have been advised not to supply medical records on the basis of a Lasting Power of Attorney (LPA) relating only to property and finance.

GPs have been told by the Care Quality Commission (CQC) – the independent regulator of health and adult social care in England – that a health and welfare LPA must be produced.

Guidance on the CQC website says: “If an attorney requests disclosure of a patient’s records, the GP must check that a personal welfare LPA is in force, the detail of its provisions and confirm that the patient lacks (mental) capacity before complying.”

Families with only the first type of LPA in place are experiencing significant delays as the Court of Protection has to then give authority for medical records to be released. Industry experts are lobbying the CQC because they believe a property and finance LPA should enable records to be made available in support of a financial decision.

Although a lot of GPs are still accepting property and finance LPAs, Heritage Will Writing recommends that people have both types in place. You can save £95 by setting up both together rather than singly. Ring us now on 02380 879243.