Medical RecordsObtaining copies of the medical records is only pertinent if the ACAT has diagnosed the applicant for residency in a retirement village, resident of a retirement village or a deceased person as having dementia or Alzheimer's disease. This diagnosis implies that the person does not have the mental capacity to make and/or sign a Will. The medical records compiled by the ACAT would be in the Hospital nearest where the person lived prior to applying for an assessment for residency in a retirement village. Copies of these records can be obtained by arranging with your solicitor to subpoenia them or obtaining them yourself through the Freedom of Information Act. To obtain a copy of the ACAT medical records, which would have been done on an OP24 Form, through the Freedom of Information Act it is recommended that you write a registered letter, enclosing a cheque for $30.00 and giving details of the person whose medical records you are requesting to: -
You may find that trying to obtain these records through the Freedom of Information Act results in an extended bureacratic process. You may find, in practice, it is easier and quicker to arrange for your solicitor to subpoena them. However, the FOI procedures could turn up some very interesting information that you had not previously considered. If the Will was made and signed after the ACAT assessment diagnosing dementia/Alzheimer's disease you should have a very strong case to contest the Will, and is well worth seeking legal advice. The medical records compiled by the Retirement Village cannot be obtained through the Freedom of Information Act because they are not done by a Government Agency. They must be subpoenaed. They could also prove pertinent to the case. The Australian Department of Health & Aged Care has an excellent Web site. Click Here to Visit the Australian Department of Health & Aged Care IntroductionClick Here to Return to my Home Page |