Can Attorneys Access Medical Records?
Health and Welfare attorneys have the right to access health information — but only what is needed to make their decisions.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Acting as a Health and Welfare attorney without access to the donor’s medical records is like trying to navigate without a map. Attorneys often need to understand the donor’s diagnosis, treatment history, and current medications to make informed decisions. The law recognises this — and gives Health and Welfare attorneys specific rights to request access to medical information.
At a glance
- A Health and Welfare attorney can request access to medical records under the Access to Health Records Act 1990.
- Access is limited to information necessary for the attorney to make healthcare decisions on the donor’s behalf.
- GPs, NHS trusts, and hospitals must respond within 30 days.
- A Property and Financial Affairs attorney has no authority to access medical records.
The Legal Basis for Accessing Medical Records
The right to access medical records as an LPA attorney derives from the Access to Health Records Act 1990 and the UK General Data Protection Regulation (UK GDPR). Under the Access to Health Records Act, a person with a lawful claim to act on behalf of an incapacitated patient can apply to access records made after November 1991.
A Health and Welfare attorney fits this description. Because they are authorised to make healthcare decisions on the donor’s behalf, they have the right to see the relevant information needed to exercise that authority properly.
What Medical Records Can an Attorney Access?
Access is not unlimited. The key principle is proportionality — attorneys can access the records they need to fulfil their decision-making role, not an unrestricted window into the donor’s entire medical history. In practice, this typically includes:
- GP records relevant to the donor’s current condition and treatment
- Hospital discharge summaries and treatment records
- Medication lists and prescriptions in use
- Specialist reports relating to the donor’s diagnosis
- Mental capacity assessments and related clinical notes
- Care plans and nursing notes from care homes or community care
Healthcare providers can withhold part of a record if they believe disclosure would cause serious harm to the patient or if the record contains information about third parties who have not consented to disclosure.
How to Request Medical Records as an Attorney
Write to the healthcare provider
Make a formal subject access request to the GP surgery, NHS trust, or other healthcare provider. State that you are acting as the registered Health and Welfare attorney and include your name, the donor’s details, and the information you need.
Provide a copy of the registered LPA
Include or offer to provide a certified copy of the registered LPA, confirming your authority as Health and Welfare attorney.
Specify what you need
Be specific about the records you are requesting and why they are relevant to decisions you need to make. This helps the provider respond quickly and reduces the likelihood of unnecessary delays.
Wait for the response
Healthcare providers have 30 days to respond to medical record requests under UK GDPR. If the records are complex, they may take up to three months in total, but this is uncommon.
What If Access Is Refused?
Healthcare providers occasionally refuse access requests from attorneys — sometimes through misunderstanding of the law, sometimes because they have concerns about the attorney’s authority. If your request is refused:
- Ask the provider to explain the specific reason for refusal in writing
- Escalate to the NHS trust’s patient services or information governance team
- Contact the Information Commissioner’s Office (ICO) if you believe the refusal is unlawful
- Seek advice from the Office of the Public Guardian
Key point: Many access issues arise because healthcare staff are not familiar with LPA procedures. Being patient, providing a copy of the registered LPA, and speaking to a senior clinician or practice manager often resolves the situation quickly.
What a Financial Affairs Attorney Cannot Do
A Property and Financial Affairs LPA gives no authority whatsoever over health information or medical records. Even if the same person holds both the Health and Welfare and the Financial Affairs LPA, they must keep these roles completely separate.
Financial attorneys sometimes need to know, in general terms, that the donor lacks capacity — for example, when beginning to use the LPA for the first time. In those cases, a capacity assessment from a GP or other clinician is the appropriate route, not access to full medical records.
Key Takeaways
- Right to access records — a Health and Welfare attorney can request medical records under the Access to Health Records Act 1990 and UK GDPR.
- Proportional access only — attorneys can see records relevant to their decision-making role, not unlimited access to the full medical history.
- 30-day deadline — healthcare providers must respond to medical record requests within 30 days under UK GDPR.
- Financial attorneys excluded — only a Health and Welfare attorney has authority to access health information; a financial attorney does not.
- Refusals can be challenged — if access is refused without proper justification, the ICO and OPG can help resolve the dispute.
Common Questions About Attorneys and Medical Records
Can a Health and Welfare attorney see the donor’s medical records?
Yes. A Health and Welfare attorney can request access to medical records that are necessary for them to make decisions on the donor’s behalf. Under the Access to Health Records Act 1990, an attorney can apply to see records of a patient who lacks capacity. GPs, hospitals, and NHS trusts must respond within 30 days.
Can a Financial Affairs attorney access medical records?
No. A Property and Financial Affairs attorney has no authority over health information. Only a Health and Welfare attorney can request medical records. The two types of LPA cover distinct areas.
What if a GP or hospital refuses to share medical records with an attorney?
Healthcare providers are legally required to share records relevant to an attorney’s decision-making authority. If a request is refused, the attorney can escalate to the NHS trust’s patient services team, the Information Commissioner’s Office, or seek advice from the Office of the Public Guardian.
Can a donor restrict what medical information their attorney can see?
Yes. While a donor has capacity, they can set instructions in the LPA restricting what health information their attorney can access. Clinicians may also withhold information in certain rare circumstances, for example if disclosure could cause serious harm to a third party.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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