QUESTION
Can I access my father's medical records even if I do not have power of attorney?
Asked on Mar 26th, 2013 on Estate Planning - Colorado
More details to this question:
My Father passed away almost 3 years ago. He had a life insurance policy but when trying to inform them of his death and cash out the policy which I am a 100% beneficiary, they had let me know that they needed medical records and could not just go ahead with processing the life insurance due to the fact that the policy had not been purchased for more than a year yet. They said they need medical records from the last 2 years. I am my father's only child and he was never married. But I guess I cannot access any type of medical records because I am not a surviving spouse nor do I have a power of attorney. What can I actually do if anything? They are still sending me letters so I can go ahead and resolve the issue.
18 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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As your father's sole surviving heir and beneficiary of his life policy, you should be able to access his medical records showing the reason for his death for the insurance company. I am quite surprised that the death certificate is not sufficient for their purposes-that always shows the cause of death. Have you actually talked to the hospital or medical people to ask them what records would be available to a surviving child? I am quite sure you would not need to be a spouse or have a POA to obtain some information to obtain your insurance benefits.
Answered on Mar 29th, 2013 at 5:17 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Contact your father's treating physician, and see what they want or need in order to release the records. The physician's office staff ought to be able to be of assistance. If your father passed away in the hospital, then the hospital administration should be able to help you.
Answered on Mar 27th, 2013 at 4:01 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Power of attorney would not help you. The only thing that will, (assuming they are not willing to give them to you, under the circumstances), would be to open an estate and become the personal representative. That is the only person entitled to obtain the medical records under Michigan law.
Answered on Mar 27th, 2013 at 1:03 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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That is a tough one. Ask the insurance company straight up; it may be you have to open a probate estate just to get those records.
Answered on Mar 27th, 2013 at 12:35 AM
You may need a court order. You should consult a probate attorney and review all of the facts to determine how best for you to proceed.
Answered on Mar 27th, 2013 at 12:10 AM
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If you die within the first two years of purchasing a life insurance policy, the insurance company may investigate the facts to see if you misrepresented your health conditions prior to death. In order to get records, you will need to obtain letters testamentary, and go through a court procedure to order them. In the alternative, you may be able to subpoena the records by means of a 202 deposition. It's doable, but you will need counsel.
Answered on Mar 26th, 2013 at 3:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You should file a probate action and be appointed the executor or personal respresentative of his estate. Once appointed executor you will have legal authority to act.
Answered on Mar 26th, 2013 at 3:48 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Since you are his only heir they should release them to you. I would take the letter from the insurance company to the hospital and doctor and let them know why you are asking for them.
Answered on Mar 26th, 2013 at 3:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, perhaps you will have to open a probate estate for your father in order to get letters of authority as his executor or personal representative which will allow you to retrieve the medical records.
Answered on Mar 26th, 2013 at 3:43 PM
Shadi Ala'i AlaiShaffer
Hire an attorney. You have a right to access this info and there is a legal process that you need to go through in order to do so which is why you need legal assistance in order to do this and deal with the insurance company. Be careful the insurance company may try to deny your right to the life insurance so you really want to hire an attorney to assist you with this properly. The insurance company is not your friend they are looking out for their own interests.
Answered on Mar 26th, 2013 at 3:42 PM
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A power of attorney would not help. It dies with the maker. You may need to go into probate court, open a case by filing a petition to get a court order to access medical records. I suggest you speak with an attorney about the specifics before embarking on this path. Best of luck to you.
Answered on Mar 26th, 2013 at 2:41 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain probate litigation counsel to assist you to obtain the documentation you need to provide the insurance carrier; sounds like the insurance company is trying to wiggle out of paying the life insurance benefits. You may need to litigate this with the insurance company.
Answered on Mar 26th, 2013 at 2:40 PM
Thomas Edward Gates
A Power of Attorney is only valid when your father was alive. You need to probate your father's estate and be appointed Executor (Administrator if there is no will). Because the insurance policy was active for such a short time, the insurance company is checking to see if your father had a preexisting condition, that in turn caused his death.
Answered on Mar 26th, 2013 at 2:39 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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No. This is why it is important for every adult, especially single adults, to have a HIPAA release form.
Answered on Mar 26th, 2013 at 2:39 PM
You would have to file a petition with the probate court to open a probate estate for your father. You would nominate yourself as the personal representative. Once you are approved by the court as the personal representative, you will receive what are called Letters of Authority. You use that document to provide to your father's doctors and hospitals to request a copy of his medical records. The issue with the one year policy for the insurance policy is something that you should discuss with an attorney as soon as possible to preserve your rights. If the insurance company is wrongfully withholding the life insurance proceeds from you, you may have a claim against them and maybe entitled to interest from the insurance company.
Answered on Mar 26th, 2013 at 2:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did you open a probate estate? If not, do that and then, as the personal representative, you can get the medical records. Or, you could sue the insurance company and then subpoena the records.
Answered on Mar 26th, 2013 at 2:36 PM
2 Awards
Yes as next of kin. If they will not release them you may need a court order.
Answered on Mar 26th, 2013 at 2:36 PM
If you are the Personal Representative of his estate, you have full access to all of his medical records.
Answered on Mar 26th, 2013 at 2:34 PM