We are trying to find out if the medical records help to prove that beneficiary forms that were signed are invalid due to the fact that they were signed while the patient was mentally incapable of making such an important decision.
Estate Planning Attorney
You would most likely need to open a probate estate to obtain medical records.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
I agree with Attorney Pippen. In most states, only a Personal Representative can access the medical records. I believe that is partly in compliance with HIPAA regulations.
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Estate Planning Attorney
My colleagues are correct.
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