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My dad is incapacitated and I am trying to get a copy of his medical records for my mom but the hospital wont allow it. pls help

Asked over 2 years ago - Flushing, NY

My dad had a 2nd stroke while in the hospital and I am trying to get a copy of his medical records for a possible malpractice suit. The hospital won't give them to my mom who is still married to my dad. My dad is incapacitated and unable to give consent to release the records. Unfortunately, we didn't have a chance to do a Power of Attorney while he was alert. How do I go about getting them? Whenever I look online about Guardianship it only speaks abut children and not abotu adults. Please help!!!

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Attorney answers (2)

Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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Contact a probate attorney in your area. This type of attorney should be able to assist you.

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Keenan M. Post

Reputation Level 14

Answered over 2 years ago. Estate Planning Attorney in Shawnee Mission, KS.

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You may have to file a petition to be appointed guardian of your father. There are procedures for guardianships for incapacitated adults and for minor children. This is unfortunate as a very inexpensive POA done beforehand would have saved considerable headache and fees. Good luck.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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