Obtaining Access to Medical Records: My father died first, Leaving everything to mother, she died. I want to get copies of their medical records. The new trustee of my mother's estate (trust) will sign authorization to release my mother's medical records but she says she does not have authority to do so for my father. How can I get my father's medical records?
If your father signed a living will/health care proxy that may have language in it expressly authorizing the named agent to have access to medical records. Hopefully it includes the express HIPAA release language (Health Insurance Portability and Accountability Act) which restricted access to private health information. If your father's will was probated his executor (or if he died without a will, intestate, his court appointed personal administrator) should have the authority to grant you a HIPAA release for the records. It might be better for the agent or executor (if that is not you) to request the records directly in that capacity and then provide them to you. The executor of your mother's estate, or a trustee under a trust established by your mother probably has no legal authority to get your late father's medical records. If you still have a hard time obtaining access you might have to have an attorney pursue it for you.
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