QUESTION
Does the POA end when the patient dies and is there a way to have access to those records without going through the POA?
Asked on Apr 23rd, 2014 on Estate Planning - Michigan
More details to this question:
Sister died last year in nursing home. Brother wants to obtain a copy of his sister's nursing home records. The nursing home records clerk tells brother in order to have access to his sister's records he needs the POA to sign a statement and fill out a form authorizing the release of records. However, the POA refuses. How does one go about finding out whether the agent was a General POA or a POA for Health Care?
1 ANSWER
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The POA terminates upon death. The agent under the POA has no right to authorize release of the medical records. The ONLY way to do this now is to open a probate estate. The Personal Representative can obtain or order the release of the medical records. The agent under the POA cannot do anything.
Answered on Apr 24th, 2014 at 11:40 AM