How do I acquire power of attorney for a deceased mother, in order to claim medical records?
December 9th, 2011 | by admin |Joe asked:
My mother passed four months ago and I have had the worst trouble obtaining her medical records from one of her primary doctors. I need them to send to the life insurance company, but the doctor is now telling me I must show that I have power of attorney.
My mother passed four months ago and I have had the worst trouble obtaining her medical records from one of her primary doctors. I need them to send to the life insurance company, but the doctor is now telling me I must show that I have power of attorney.
My dad is also deceased and my brother and I have too little money to risk hiring a lawyer, in case we don’t get the settlement from the life insurance company after all.
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No Responses to “How do I acquire power of attorney for a deceased mother, in order to claim medical records?”
By Quizzard on Dec 12, 2011 | Reply
The executor of your mother’s will should have the ability to access those records. Failing that, go to your local courthouse and speak to the clerk, who should be able to supply the needed forms.
By dusty_titus on Dec 12, 2011 | Reply
You cannot possibly get a “power of attorney” from a dead person. That is a legal document that requires notarization, because the person granting the Power (your mother) must sign it. If you Mother left a will - then she must have named a “Executor” or Personal Representative, that is the person who must ask for the medical records. If your Mother died intestate, that is without a will, then the DEATH CERTIFICATE is the only document that is required by the LIFE INSURANCE COMPANY for payment of a policy. You need to find an attorney or go to LEGAL AID in your community.
By Barney on Dec 14, 2011 | Reply
Have you ever watched Weekend at Bernie’s? It’s an excellent primer for this kind of thing. Though stay away from Weekend at Bernie’s 2; that mostly deals with probate.
By Henry Smith on Dec 15, 2011 | Reply
A power of attorney only applies while someone is alive. After that, the executor handles everything related to the estate. However, as discussed above, a death certificate is usually all that is needed for a life insurance company.
By Dani A on Dec 15, 2011 | Reply
First of all, a power of attorney won’t work. Those become null and void once a patient is deceased. It is only good to get records when the patient is alive (and even then not always).
What you do need to get the records is either a copy of the death certificate showing that you are the informant or a copy of her will stating that you are the executor of the will. If you are not either of these things that you will likely have to get a court order to get the records as you have no legal rights to them.
If they still refuse to give them to you you need to get a lawyer to scare them into giving them to you because clearly by asking for a power of attorney they are showing they don’t know what they are doing there.