Legal Question in Wills and Trusts in New Jersey
What NJ form do I need to get access to medical records from the univerisity and
My 19 year old daughter died and neither the university nor the doctors will give me access to the medical records. One group says that I need to show that I am her legal representative and the other wants me to prove that I am executor of her estate. She had insurance under my family plan and I paid all her bills. I dont understand what they want from me. I am entitled to know what treatment they provided during her illness.
2 Answers from Attorneys
Re: What NJ form do I need to get access to medical records from the univerisity
My deepest sympathy on your loss. Since your daughter was over 18, and you have no automatic right to the records, you must have a document from the Surrogate's Court of the County of her residence. This is a simple procedure as a parent, depending upon whether or not she had a Will. If she had one, the named executor can probate it to qualify. She probably did not have one, so you need to apply to be appointed as administrator of her estate. Depending upon whether or not she had assets in her own name, and the value of those assets, the cost is minimal. In either case, executor or administrator, you will be issued a document from the Surrogate that will enable you to obtain the records. Again, sorry about your loss.
Re: What NJ form do I need to get access to medical records from the univerisity
Actually, you do not have the automatic right to these items because she was an adult. You do need to show that you are the representative of her estate. If she had a will, this would be the Executor or Executrix. If she had no will, then you need to apply to the Surrogate of your County to become the Administrator or Administratrix of her Estate. You will then be given the proper documentation to allow you to obtain the records you want. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner