VIC Power of Attorney - Viewing Relative's Medical Records?

[Anita]

I have a medical power of attorney for my relative who is in a Transitional Care Program room within a nursing home due to a lare strove earmy this year. I am also the next of kin. I have asked to view my relative's medical records and medication records. I was told that I could not see the records as they were covered by patient confidentiality. There has recently been a cognitive test done by a doctor and I have been told that my relative is capable of making own decisions. What are my rights?

 

[Tim W]

Why do you need that historic information?
Unless you are medical yourself,
it may not mean all that much to you.

 

[Anita]

Why do you need that historic information?
Unless you are medical yourself,
it may not mean all that much to you.

Have been away and feel I am being deceived

 

[bluetongue]

S5A of the Medical Treatment Act 1988 (Vic) enables you to exercise your role only when the following occurs - "An appointment of an agent or an alternate agent takes effect if and only if the person giving the power becomes incompetent." If your relative is deemed to be competent, you have no power.

 

[Tim W]

S5A of the Medical Treatment Act 1988 (Vic) enables you to exercise your role only when the following occurs - "An appointment of an agent or an alternate agent takes effect if and only if the person giving the power becomes incompetent." If your relative is deemed to be competent, you have no power.

I agree that this is a correct interpretation of the law in Victoria.
I would add that even though you will be able* to refer to files and records to assist with your decision making, you have no general right to "browse" that material.

Deceived by whom, and about what?

==================================================
* once your powers enliven

 

[Rod]

That section refers to the making medical decisions. Requests for medical history are not covered by that section.

Section 4 (b) says:

This Act does not—
......... (b) limit the operation of any other law.

This means a properly executed power of attorney gives the holder certain rights. Would need to see the wording used in the power of attorney as it may limit the power of attorney so that it only operates if the patient has no or limited cognitive abilities.

Best solution is to have the patient tell doctors the OP is allowed access to their medical history.

 

[Anita]

I agree that this is a correct interpretation of the law in Victoria.
I would add that even though you will be able* to refer to files and records to assist with your decision making, you have no general right to "browse" that material.

Deceived by whom, and about what?

==================================================
* once your powers enliven

By another family member about the best options for recovery and treatment of relative who had stroke and may have diminished cognitive ability. I would like to see testing results by doctor not just be told by family member that all is good and relative is able to make own decisions.

 

[Tim W]

Have you spoken to the doctor directly?

 

[Anita]

Not yet. That's happening next week. Just needed to know where I stood legally. Seems like nowhere.

 

[Tim W]

If you are the sole holder of the Medical Power of Attorney,
then the doctor needs to be clear about that.

You may find these links helpful.

• Fact sheets and guides — Office of the Public Advocate, Victoria, Australia
• Enduring power of attorney (medical treatment) | Victoria Legal Aid
  
• Request Rejected

Note also that there will be some changes to the law commencing on 1 September 2015 - details are in the above links.