This is a question that was asked by a recent website viewer and it is an important one to answer.
Some people have given a family member a power of attorney. This is used when the person is alive but it is not capable of taking care of their affairs. But a power of attorney in effect dies when the person who gave it dies. A power of attorney cannot be used to get medical records for a family member who has died.
The legal representative who can get medical records is called the Personal Representative (“P.R.). The P.R. is the person in the will who has been selected by the deceased. If there is no will, then a P.R. has to be selected by the family. Court papers have to be filed in order to get the legal paper (called a Letter of Administration) to be sent to the hospital or doctor to get the records.
So the Power of Attorney is not the right document to be used to get the medical records. You need to have the Letter of Administration. At our firm we do this all the time and we can help.
Call us toll free 24/7 at 1-800-299-HURT. You can fill out the contact form on this page or any page on the website.