Legal Question in Family Law in Oklahoma
deceased mother's medical records
i had a hippa form from my mother giving me permission to recieve her medical records. she than had a stroke and brother no. 1 and i decided to have brother no. 2 p.o.a. than a year later the nursing home talked brother no. 2 into removing bother no. 1 and i from the hippa agreement. mother passed away and that made bother no.1 executor. bother no. 1 gave me a notorized letter giving me permission to recieve my mother's medical records from the nursing home. i was able to get her records from the hospital but the nursing home says they want a notorized letter from bother no.2 even though he is no longer the p.o.a. nor the executor. i have a letter from him from a few weeks back saying i could have the records while he was still p.o.a. but since my mother's death we are no longer talking. the nursing home said they would not except this letter because it is not notorized but the letter he wrote 6 months ago taking the nursing home records from me was not notorized and it was ok than. do i even need brother no. 2 letter?
1 Answer from Attorneys
Re: deceased mother's medical records
If Bro#1 is the named personal representative of your mother's estate, get a copy of the documents proving that fact. Then, you might try one or both of two things:
(1) Take the personal representative document and the existing letter from Bro#1 and Bro#2 to the home. Show them neither is notarized. Tell them their notary excuse is invalid and, should they refuse based on this reason, demand they do so in writing. You might also ask for a copy of their policy requiring such releases be notarized.
(2) Get Bro#1 to have the current letter notarized. Then take it and the personal representative document to the home. If they refuse they will have to give you a new reason. Get it in writing.
Bottom line, you may be better off to quit talking and start communicating with the home in writing. If they call and want to talk, tape record it, and always ask them to put their position and reason in writing.
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