Handling the transfer of medical records legally for someone with dementia
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Handling the transfer of medical records legally for someone with dementia

### Handling the Transfer of Medical Records for Someone with Dementia

When a person with dementia needs medical care, it’s crucial to ensure that their medical records are handled legally and efficiently. This process involves several steps, including obtaining access to the records, designating a decision-maker, and ensuring that the records are transferred correctly. Here’s a simple guide to help you navigate this process.

#### 1. **Obtaining Access to Medical Records**

If you need to access the medical records of a person with dementia, you must follow the proper procedures. Here are the steps:

– **Request Form**: You need to fill out a **Request to Access Medical Records** form. This form is usually available at the healthcare facility where the person receives their care.
– **Prepayment Consent**: You must provide prepayment consent, which means you need to pay for the cost of obtaining the records.
– **Patient Information**: You will need to provide the patient’s name, date of birth, and original signature.
– **Witnessed Authorization**: The request must be witnessed by someone who can verify that the patient or their substitute decision maker (SDM) signed the authorization.
– **Recipient Information**: You need to specify who the information should be disclosed to.

Once you submit the request, the healthcare facility will review it and confirm the cost. You won’t receive the records until payment is made[1].

#### 2. **Designating a Substitute Decision Maker (SDM)**

If the person with dementia is not capable of making medical decisions, you need to designate an SDM. This person will have the authority to make decisions on behalf of the patient.

– **Power of Attorney**: You can create a **Durable Power of Attorney (DPOA)**, which gives the agent decision-making power after the principal becomes mentally or physically incapacitated.
– **Living Will**: A **living will** specifies the medical treatments the person wishes to receive or not receive in the future when they are incapacitated.
– **Request Form**: You need to complete a **Request to Add Substitute Decision Maker** form. This form requires documentation, such as a Power of Attorney – Medical, to support the request[1][3].

#### 3. **Transferring Medical Records**

When transferring medical records for someone with dementia, it’s essential to ensure that the records are accurate and complete. Here are the steps:

– **Verification of Identity**: If the person with dementia has passed away, you need to verify the identity of the estate trustee by reviewing a will or a notarized Certificate of Appointment of Estate Trustee with a Will or without a Will[1].
– **Authorization Form**: If there is no estate trustee, you can obtain consent from the person who has assumed responsibility for the administration of the deceased person’s estate using the **“Attestation of Estate Trustee or Estate Administrator under PHIPA”** form[1].

### Conclusion

Handling the transfer of medical records for someone with dementia requires careful planning and adherence to legal procedures. By following these steps, you can ensure that the person’s medical information is managed legally and efficiently, providing the best possible care during their time of need. Always consult with healthcare professionals and legal advisors to ensure that all necessary documents are in place and that the process is handled correctly.