Legal Question in Elder Law in California
Refusal of former conservator to release medical records to heir
My sister was conservator of my Mother until her death in Feb 2002. I have requested my mother's medical records but my sister has denied access to the records. The nursing home that has the records sites HIPPA law which they say requires the conservator's permission. Recent confidentiality laws were not in place at the time of death. The conservatorship ended when my Mother died, so aren't the medical records part of the estate? The executor (another sister)would like to see the records also. How can I get my Mother's medical records?
1 Answer from Attorneys
Re: Refusal of former conservator to release medical records to heir
Medical facilities are being very cautious with HIPPA and probably have a good point. As executor, your other sister should be able to review them. If the facility will not cooperate, the executor can issue a subpoena for their production.
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