Appendix A: Ways to evidence a basis for access if the patient is not capable of providing informed consent
Valid and applicable lasting powers of attorney for health and welfare or powers granted to court-appointed personal welfare deputies
Patients without capacity can be supported in their care by health and welfare attorneys and court-appointed deputies.
You must confirm that the patient lacks capacity before granting access on the basis of a decision by a health and welfare attorney or court-appointed deputy.
Authoritative sources you can use to establish if a proxy is an attorney or court-appointed deputy
You can use the Find out if someone has an attorney, deputy or guardian acting for them service to check if a proxy is:
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a health and welfare attorney. This could be on the basis of a lasting or enduring power of attorney.
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a deputy of the courts appointed to care for someone
Where the attorney has given you an access code using the Use a lasting power of attorney service, you can use the View a lasting power of attorney service to view their LPA.
Documentary evidence you can use to establish if a proxy is an attorney or court-appointed deputy
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a certified lasting power of attorney
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a court order appointing the proxy as a patient's personal welfare deputy
Evidence in respect of a child
Documentary evidence you can use to establish parental responsibility
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parents being named on a birth certificate
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parents being named on an adoption certificate
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parents being named on a court-issued parental order
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parents being named on a parental responsibility agreement
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parents being named on a parental responsibility order
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parents being named on a special guardianship order
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a local authority with a care order or interim care order
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step-parents being named on a step-parental responsibility order
Evidence to help you understand the extent to which parents share responsibility for a child
Parental responsibility is not normally affected by a separation between parents.
Parents in possession of a child arrangements order or consent order will still share responsibility for the child even if they are separated.
It is a parent's role in a child’s life which should influence the decision on whether granting proxy access is necessary, and at which level.
Evidence to help you understand when it might not be appropriate for all parents to have access
Parents in possession of a prohibited steps or specific issue order may specify that access is curtailed on this basis.
You should seek advice from a medical indemnity body in complex cases of parental responsibility.
Evidence to help you identify when a local authority and/or foster parents need to be involved in the child’s care (whether or not they have parental responsibility for the child)
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a child being cared for under a care order
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a child being cared for under a voluntary order
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a child being on a child protection plan
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a child being cared for under an emergency protection order
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a child being cared for under a supervision order
Health and care organisations can use the Child Protection Information Sharing service to identify when a child is cared for, where they have a legal basis to do so.
Authoritative sources you can use to help you establish parental responsibility
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Personal Demographics Service records
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General Registry Office records
Last edited: 6 May 2026 4:32 pm