Dealing with doctors what are my legal rights dealing with doctors

Discussion in 'ARCHIVE FORUM: Support discussions' started by simonmonty, Apr 9, 2009.

  1. simonmonty

    simonmonty Registered User

    Nov 22, 2008
    I need to discuss my mothers medical situation she has just moved to a new health practice i have made an appointment to see her new doctor G,P but have been told that the doctor might not be able to discuss my mums medical case with me.But if i carnt then i will not be able to help my mother. I was told that i must have power of attorney to speak to the doctor but this only covers her finances. What they are telling me is obviously not true.Can any one tell me what my legal rights are dealing with my mothers doctors because they seem to just do what they want with out telling me first like withdrawing my mums aricept tablets.
  2. windyridge

    windyridge Registered User

    Apr 7, 2009

    I have never encountered the problems you are having with the GP - we have always found the various medical entities involved with my mother to be very happy to share information with us. But on the power of attorney thing, the OLD type of power of attorney (EPA) was only financial, but the new type (Lasting Power of Attorney) has an option for the donor to also grant power of attorney over non-financial matters such as care related decision making.

    I hope you do manage to get good communications open with the medical services, it's absolutely crucial I would think in ensuring her best interests are served!

    Good luck
  3. JPG1

    JPG1 Account Closed

    Jul 16, 2008
    #3 JPG1, Apr 9, 2009
    Last edited: Apr 9, 2009
    The Receptionist may say that the doctors are not able to 'discuss' with you ... yet.

    But any doctor still has the duty of care (care for your Mother and for you also, as your mother's next-of-kin, if that is what you are) to "listen" to you. So you go ahead, keep the appointment, explain all of your concerns about your Mother, and write a list of them all, and give it to the Doctor. With your own contact details on that list.

    He/she may well surprise you and be only too keen for you to be involved in the support of your Mum. All the GP then needs to do is to gradually gain your mother's confidence and for her to give her permission for the GP to talk to you.

    It's not often that a good GP will refuse to talk to - or at least LISTEN to - a concerned relative.

    Good luck! And think positive.

  4. imac.girll1

    imac.girll1 Registered User

    Feb 20, 2009
    Hi there,

    If make a telephone appointment with your mothers GP and explain the situation I am sure you will not have any problems.

    With my mothers GP practice i sent a letter typed up by myself and had my mother sign her name stating that she was happy for me to deal with her health etc, this is before we had the LPOA in place.

    You can of course go straight and get the power of attorney which covers both financial and welfare, which in what we are dealing with is the most important one.

    I am sure if you tell the receptionist it is a personal matter, they will not pursue further and make relevant appointment for you. If i get a slightly obtuse receptionist i often say i need to discuss test results, this is a good bypass as they have to let you speak to the doctor then!

    Good luck and dont be put off.


    iMac :)
  5. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    NW England
    I was lucky in that my mother openly stated to her GP at a joint consultation before she had completely 'lacked capacity' to 'Please tell my daughter everything' and from that verbal consent, her authority was noted in the Practice records. This not only meant I was able to consult with her own GP, with or without her knowlegde, but that all letters from consultants which were copied to him were shared with me ..... (one or two hospital consultants got a bit 'prickly' about consent issues)

    If your mum has passed the stage where she can give consent for confidentiality to be 'breached' (as some doctors see it) you do have support 'legally'.... true an EPA does not cover medical matters - but the General Medical Council have their own guidelines for doctors around the Mental Capacity Act ....

    Some of this link may be useful:

    Quite frankly, I despair that it is not basic common sense which tells a GP/Consultant that there is little point in protecting confidentiality if the patient is not likely to remember or understand instructions, diagnoses, let alone instructions for meds etc .....

    In many walks of life confidentiality can be breached if someone needs protection ..... and I agree with JPG1 - the duty of care is paramount - and how a doctor thinks they can offer that to someone who is mentally incapacitated without referring to their primary carer/next of kin - irrespective of any form of 'attorney' ... escapes me ...:confused:

    Love, Karen, x

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