A Daughter Requests Records for Her Mother

No. The existing release only authorizes discussion of appointment scheduling with the daughter; it does not authorize release of medical records, and a broad request for the complete chart exceeds that scope. The daughter is not the durable power of attorney and there are no guardianship documents on file, so she does not automatically have the right to receive the records on her mother's behalf. However, the mother is present and is answering questions appropriately, so she may be able to authorize the release herself. I would not hand over the full chart while the authorization is limited. I would also consider the minimum-necessary principle: the specialist asked for two years of progress notes and the most recent MRI report, not the entire chart. Even with a valid authorization, I would release only what is requested and authorized, and I would verify the recipient and the patient's identity.

I would speak with the mother directly, confirm that she wants the specialist to receive the records, and ask her to sign a new authorization that names the daughter or the specialist's office as the recipient, describes the records to be released, states the purpose, includes an expiration date or event, and includes her signature and date. I would verify her identity with a photo ID and document the verification. I would explain her right to revoke the authorization and provide a copy. If the specialist's office can receive the records directly, that may be safer than giving a full chart to the daughter. I would prepare only the requested progress notes and MRI report, check that they are complete, and follow the clinic's process for copying and logging the disclosure. If time is short, I would call the specialist's office to confirm the fax or secure portal address and send the records directly after authorization is signed.

If the mother cannot understand the request or appreciate the consequences of releasing records, I would not treat her signature as valid without further evaluation. I would stop the release, notify the provider and office manager, and follow the clinic's policy for patients who may lack decision-making capacity. I would determine whether a durable power of attorney for health care, guardianship, or another legally authorized representative is documented. If the daughter claims authority, I would ask for the legal document and verify it rather than accepting her word. If no representative is authorized, I would explain to the daughter that the clinic cannot release records without proper authority, while offering to help the patient obtain a copy of her own records through the patient-access process. I would document the request, the capacity concern, the provider notification, and the final disposition, and I would avoid discussing the patient's condition with the daughter beyond what is authorized.