Q: Can a Step-mom, get away with claiming to be legal guardian of my 12 yo daughter without any legal documentation?
My ex(daughter's father) and I have orders for joint decision making and parental responsibility in the areas of education, health and religion. Recently the SMOC, accessed my daughter's entire medical history including demographics and my personal information, applying for an access code and log-in authorization by claiming she was legal Guardian, parent representative, and/or proxy of my 12 year old daughter. She now has access to my child's entire medical record (425pages) and the ability to download her complete history by accessing it through the MyChart patient portal for my daughter. Is this legal and is there anything I can do to protect my information that is attached to my daughter's medical records?(I have a PPO against my daughter's father) Can he authorize SMOC to have access without my agreement to do so?
A: I suppose that he could grant her authority to gather documents for him. I cannot say that this is a violation of the joint decision making provisions. I he has not given her express authority to do so on his behalf, but rather she is posing as the child's legal guardian, I think this is an issue you need to discuss with the medical company(ies).
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