LPA for Property and Affairs

The Office of the Public Guardian (OPG) produced a short guidance document in 2021 that was specifically aimed towards NHS staff who receive requests for disclosures from someone holding Lasting Power of Attorney (LPA).

It outlines that in order for an attorney (the holder of the LPA – either Property and Affairs or Health and Welfare) to discharge their duties, they will likely require some of the patient’s medical records. It highlights that while a request for relevant information may be valid, this is not the same as the right of access under GDPR (subject access request).

The document also provides the surgery with guidance on establishing the validity of the request, as well as links to request the OPG to search their registers, if confirmation is needed that the requestor is an attorney or deputy.