How do I obtain the medical records of my deceased father?

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How do I obtain the medical records of my deceased father?

My father recently died in the hospital and I would like to obtain his medical
records. I have a sister who is the POA , health proxy and executor of his
estate. We are estranged and she refuses to ask for the records. Is there anyway
for me to legally obtain them?

Asked on October 29, 2016 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Only the executor has the authority to act on behalf the deceased's estate and request those records. If you believe that it is in the interest of the estate and its beneficiaries to obtain those records--such as to possibly pursue a wrongful death claim--and she will not request them, potentially therefore violating her fiduciary duty, as executor, to act in the best interests of the estate and beneficiaries, then assuming that you are a beneficiary (and so have a finanical stake in the outcome), you could file a legal action in chancery court (a part or divison of county court) requesting that your sister be replaced as executor. This can be a complex action to bring; if you wish to explore it, you are strongly encourage to retain a lawyer (e.g. a probate attorney) to help you.


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