Can my attorney for personal care access my medical records in Ontario?

Yes. In Ontario, your attorney for personal care has the right to access your medical records to the extent needed to make informed health care decisions on your behalf. This access right flows from their role as your substitute decision-maker under the Health Care Consent Act and the Personal Health Information Protection Act (PHIPA).

To make informed decisions about your treatment, your attorney needs to understand your diagnosis, prognosis, available treatment options, and the likely outcomes of different choices. Denying an attorney access to your medical information while expecting them to give or refuse consent would make their role impossible.

In practice, health care providers — including hospitals, physicians, and long-term care facilities — will ask your attorney to identify themselves and show the power of attorney document. Once verified, they will typically share relevant health information with the attorney. Your attorney's access is limited to information necessary for their role; they are not entitled to your complete historical medical file simply by virtue of holding the document.

Your attorney for personal care also has confidentiality obligations — health information they learn in the course of their role cannot be shared with others (including other family members) without a legitimate purpose. If there is a dispute about whether a health care provider is sharing appropriate information with an attorney, a lawyer or the Office of the Information and Privacy Commissioner can advise.