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Victory for Attorneys Seeking Medical Records

INDUSTRY experts are celebrating after a layer of red tape was removed by the Care Quality Commission (CQC).

As we reported in November, 2015, family doctors had been advised not to supply medical records on the basis of a Lasting Power of Attorney (LPA) relating only to property and finance.

GPs had been told by the CQC – the independent regulator of health and adult social care in England – that a health and welfare LPA must be produced, even if the records were required in support of a financial decision. This meant significant delays as only the Court of Protection could give authority for the records to be released.

The CQC now points out: “A property and affairs LPA attorney may need to have access to medical information occasionally, for example in order to set up health or care annuity policies on behalf of the person without capacity.” And it said this new advice would be communicated to all GPs and to Medicals Direct Group, a company that gathers medical data for insurance companies.

However, Heritage Will Writing recommends that people have both types of LPA in place. You can save £95 by setting up both together rather than singly.

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