Requesting medical records of parent

shinshine

Hi,
I was wondering if I could get some legal advice here my elderly parent has been diagnosed with dementia recently, this has taken years and years of pleading with the treating consultant to investigate as my parent was showing all the signs and symptoms(all ignored) and was only diagnosed after a significant fall in hospital where a brain scan was required as my parent had hit their head during the fall it seems.
As a family we would like to see the medical files but would have to apply on their behalf can anyone give some advice on how to pursue this?

shinshine

shinshine wrote: »

Hi,
I was wondering if I could get some legal advice here my elderly parent has been diagnosed with dementia recently, this has taken years and years of pleading with the treating consultant to investigate as my parent was showing all the signs and symptoms(all ignored) and was only diagnosed after a significant fall in hospital where a brain scan was required as my parent had hit their head during the fall it seems.
As a family we would like to see the medical files but would have to apply on their behalf can anyone give some advice on how to pursue this?

You have no right to someone else's records.
They would have to request them personally or you could get them if you had enduring power of attorney.

shinshine

SouthWesterly wrote: »

You have no right to someone else's records.
They would have to request them personally or you could get them if you had enduring power of attorney.

ah thanks, I thought I could apply on my parents behalf under the FOI act as they would be classed as an "incapable person" (using the lingo I've read) due to the diagnosis of dementia.

endofrainbow

Depending on how far advanced the dementia is, might it be possible for them to sign a letter requesting the information ?

whippet

shinshine wrote: »

ah thanks, I thought I could apply on my parents behalf under the FOI act as they would be classed as an "incapable person" (using the lingo I've read) due to the diagnosis of dementia.

You need to speak with a solicitor as soon as possible. By the sounds of it you are beyond the stage of being able to do an Power of attorney as your parent does not have the capacity to grant you such power - and no doctor or solicitor will sign off on it.

Your only option may only be to apply to make her a ward of court .. seek legal advise.

I’m in the middle of something similar and it’s not straight forward or simple ... but act as quickly as you can

ohnonotgmail

How will making them a ward of court help the OP? It wont give them access to their parents medical records. Though I agree if they are not capable of making a decision for themselves then creating an EPOA will not be possible.

seamus

A diagnosis of dementia does not automatically make someone an incapable person, that would depend on how advanced the condition is.

As said above, act as quickly as you can to engage a solicitor to find out what you can do. If you cannot get EPOA, then you would unfortunately have to wait until they have passed away before you can demand access to their medical records.

Lenar3556

ohnonotgmail wrote: »

How will making them a ward of court help the OP? It wont give them access to their parents medical records. Though I agree if they are not capable of making a decision for themselves then creating an EPOA will not be possible.

The courts could then take a wide range of actions on behalf of the the parent, where in the courts opinion any such actions represent the parents best interests.

A pretty significant course of action.

shinshine

Hi everyone haven't logged in for a few days as parents physical condition has not been great requiring an admission to hospital.
Thanks so much for all your advice, I definitely now think that this is not something I can pursue on my own and will be looking into speaking to a solicitor for advice. Again thank you all for being frank, direct and offering clear advice.