COP appointed Deputy issue

[DaisyDors]

Hi, I hope you may be able to give some thoughts/advice.

My mum has a COP appointed Deputy for Property and Financial Affairs only. The Deputy was appointed in August 2018.

We were made aware in late 2018 by my mother's GP that her Deputy had written to the GP requesting her full medical records. The GP, after taking advice from their legal team, declined the request. We were made aware of the request as the GP asked my sister, who works at the practice, if my mother’s Deputy also had responsibility, or a Deputyship for health and welfare issues, which he doesn't.

The Deputy then wrote a second time requesting her medical records, querying whether my mother would have the capacity to either approve or decline the request. Again the GP declined the request, but, undertook to speak with my mother re this matter. That conversation has happened, with the GP outlining the Deputy ' s request, and my mother querying why he would need access to her medical records, and then finally deciding she didn't want him to have them. The GP, accepted my mother's capacity to make that decision.

So, fast forward to today. We have contacted the Deputy to see if arrangements could be made for our mother to attend one of her grandchildrens wedding in Cyprus in September. The Deputy was already aware that this wedding was happening and where it was taking place. As a family grouping we are flying out and she would be accompanied by us during our time in Cyprus. The Deputy's sidekick immediately said that they would need her medical records in order for them to organise travel insurance for her!!

So basically they are now blackmailing her into giving them access to her medical records.

Does anyone have any experience on such matters? Any thoughts on how we deal with this?

 

[Beate]

Unfortunately it is a fact that travel insurers ask people to disclose pre-existing medical conditions, and if you don't, or give false information, the insurance could be invalid with no payout.

Having said that, travel insurance policies, especially for single trips, are relatively cheap these days so why not take one out for her with your own money?

 

[Rosettastone57]

Hi, I hope you may be able to give some thoughts/advice.

My mum has a COP appointed Deputy for Property and Financial Affairs only. The Deputy was appointed in August 2018.

We were made aware in late 2018 by my mother's GP that her Deputy had written to the GP requesting her full medical records. The GP, after taking advice from their legal team, declined the request. We were made aware of the request as the GP asked my sister, who works at the practice, if my mother’s Deputy also had responsibility, or a Deputyship for health and welfare issues, which he doesn't.

The Deputy then wrote a second time requesting her medical records, querying whether my mother would have the capacity to either approve or decline the request. Again the GP declined the request, but, undertook to speak with my mother re this matter. That conversation has happened, with the GP outlining the Deputy ' s request, and my mother querying why he would need access to her medical records, and then finally deciding she didn't want him to have them. The GP, accepted my mother's capacity to make that decision.

So, fast forward to today. We have contacted the Deputy to see if arrangements could be made for our mother to attend one of her grandchildrens wedding in Cyprus in September. The Deputy was already aware that this wedding was happening and where it was taking place. As a family grouping we are flying out and she would be accompanied by us during our time in Cyprus. The Deputy's sidekick immediately said that they would need her medical records in order for them to organise travel insurance for her!!

So basically they are now blackmailing her into giving them access to her medical records.

Does anyone have any experience on such matters? Any thoughts on how we deal with this?

It is normal practice when travelling abroad to declare pre existing medical conditions to travel insurance companies. I don't think this is blackmail at all, I think the deputy is doing his/her job. Many travel insurers won't cover dementia, or if they do on increased premiums . But as Beate said, you could take out a single trip cover,of course declaring any medical conditions

 

[DaisyDors]

It is normal practice when travelling abroad to declare pre existing medical conditions to travel insurance companies. I don't think this is blackmail at all, I think the deputy is doing his/her job. Many travel insurers won't cover dementia, or if they do on increased premiums . But as Beate said, you could take out a single trip cover,of course declaring any medical conditions

But surely just a letter confirming pre existing conditions from her GP would suffice, without needing her full medical records?

 

[Jaded'n'faded]

Has the deputy actually said why he/she wants to see the medical records in the first place? (i.e. the request that was made before the holiday issue came up.)

Presumably the deputy has to act in the interests of the donor in the same way as a POA would, so perhaps he/she is considering the use of your mother's finances based on her life expectancy. Without seeing the medical records this would be difficult to determine. (Let's be honest, it's impossible to guess even knowing the medical history!) But I wondered if that was the reason for the deputy requesting this information.

I do agree though, that a simple statement from the GP should suffice.

 

[DaisyDors]

Has the deputy actually said why he/she wants to see the medical records in the first place? (i.e. the request that was made before the holiday issue came up.)

Presumably the deputy has to act in the interests of the donor in the same way as a POA would, so perhaps he/she is considering the use of your mother's finances based on her life expectancy. Without seeing the medical records this would be difficult to determine. (Let's be honest, it's impossible to guess even knowing the medical history!) But I wondered if that was the reason for the deputy requesting this information.

I do agree though, that a simple statement from the GP should suffice.

Absolutely no indication of why the Deputy is so desperate to get her medical records. I can accept that having access to some medical information may assist with their financial planning for her future but I don't accept that it should include the release of her full medical file to someone who is not responsible for health and welfare matters, and who is also not medically qualified to fully understand the information contained therein. My mother's medical records were made available to a court appointed psychologist during the proceedings to remove her attorneys and appoint a deputy in their place, but my mother had to agree to their release, which she did to support her case, but in this instance she can't see why the Deputy needs access to her personal medical details and neither can I. Nor do I believe it is entirely or completely necessary in order to secure travel insurance for her. I think that could be obtained via a simple statement from her GP outlining current relevant conditions and medication, of which there is only one ... her memory pill!

 

[silversea2020]

What a ‘to-do’! The simplest of things should be straightforward and aren’t.

Have you considered taking out & paying for the travel policy yourself? You wouldn’t have to bother with the Deputy then. I think the Deputy (rightly or wrongly) would need to see medical records if arranging & paying for a travel policy in a case such as yours.