Does a trustee and protector of a trust and estate have access to medical records after the person has passed away?

Asked over 1 year ago - Pacific Palisades, CA

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.

Attorney answers (3)

  1. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . My colleagues are correct.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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