4.3.4 Verify evidence of a basis for access if the patient cannot consent
Clinical professionals and staff must do one of the following to verify evidence of a basis for access if the patient cannot provide informed consent to proxy access.
Verify a legal document
Clinical professionals and staff can verify a legal document to establish the following bases for access:
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parental responsibility
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a valid and applicable lasting power of attorney for health and welfare
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powers as a court-appointed deputy
See Appendix A for a list of valid sources that can be use to verify the above.
Check an authoritative source for information that proves a basis for access exists
Clinical professionals and staff can verify an authoritative source for evidence of a valid basis for proxy access.
For example, a clinical professional may query the LPA register to check if a proxy is a health and welfare attorney. A list of authoritative sources is also defined in Appendix A.
Vouch for the basis for access
Clinical professionals often have long-standing relationships with patients and their proxies and may feel appropriately placed to record the basis for access based on their knowledge of the appropriateness of the proxy.
Last edited: 6 May 2026 1:59 pm