The Office of the Public Guardian in England and Wales (OPG) has issued new guidance (Nov 2021). This is for NHS and Social Care staff regarding the disclosure of a donor’s medical information to attorneys and deputies.
This includes assisting attorneys and deputies in the exercise of their duty in supporting the donor. As well as, by providing relevant information in a timely manner. The principles can be found at Annex A.
- Do I (or does my organisation) have the information?
- Am I satisfied that the person concerned lacks capacity to agree to disclosure?
- Does the person requesting the information have any formal authority to act on behalf of the person who lacks capacity?
Am I satisfied that the person making the request:
- is acting in the best interests of the person concerned?
- needs the information to act properly?
- will respect confidentiality?
- will keep the information for no longer than necessary?
- should I get written confirmation of these things?
- is the disclosure legal?
- is the disclosure justified, having balanced the person’s best interests and the public interest against the person’s right to privacy?
Where NHS and Local Authority staff wish to seek confirmation that the person requesting the information is an attorney or deputy, they can ask OPG if the person requesting the information is an attorney or deputy by submitting a request to search our registers.