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What if a patient is incapable of giving consent?

​If an adult patient is incapable of giving consent, any of the following, acting within the scope of their duties or powers, may provide authorization on behalf of an adult:  

NOTE:  Proof of representation must be provided

  • Committee appointed by court order (where records are required to carry out committee's duties)
  • Person acting under a Power of Attorney (where records are required for financial or legal matters)
  • Litigation Guardian (where records are required for litigation)
  • Representative under a Representation Agreement (where records are required to carry out representative's duties)

A request must be made on behalf of the patient and in the patient's best interests. Please provide the Authorization for the Release of Health Records form, signed by the person providing authorization; documentation of the person's legal authority; and an explanation of the reasons for the request.

Download the Authorization for the Release of Health Records form.

SOURCE: What if a patient is incapable of giving consent? ( )
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