I am a parent/guardian or have power of attorney for someone and I don’t want their records to be made available. What do I need to do?

You can request that someone you are responsible for is opted out. This request is considered by your GP, who will make the final decision. While your GP will respect your views and may wish to discuss them with you, they could decide that it is right that details are shared. This is usually based on patient safety and providing the most appropriate care. 

Note on Lasting Power of Attorney 

There are two types of Lasting Power of Attorney (LPA) 1.) property and affairs (including financial matters) and 2.) health and care (including healthcare and consent to medical treatment). An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. 

Attorneys must meet the requirements set out in the Mental Capacity Act. The Code of Practice states that, most importantly, they must follow the statutory principles. They must make decisions in the best interests of the person who lacks capacity to make that specific decision. Sometimes it may be necessary to make an application to the Court of Protection for more difficult decisions. This could be where disagreements can’t be resolved, or where ongoing decisions need to be made. 

The Court of Protection is the specialist Court which was established under the Mental Capacity Act 2005. It deals with issues relating to people who lack capacity to make specific decisions for them. The Court can make decisions on whether people have capacity in relation to particular decisions and make decisions on their behalf. It can also appoint or remove people who make decisions on people’s behalf, and make decisions relating to Lasting Powers of Attorney or Enduring Powers of Attorney. See the Citizens Advice website for more information.