I’m having a hard time obtaining my deceased brother’s medical records, as his guardian what canI do?

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I’m having a hard time obtaining my deceased brother’s medical records, as his guardian what canI do?

I was appointed by the court to be guardian over my brother who suffered from Down Syndrome. He recently died and I’m having a hard time getting the run around trying to get his medical records.

Asked on July 19, 2011 under Malpractice Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Technically you are not his guardian any longer since he has passed away.  What you need to do is to go to court and to file a petition to be appointed as the personal representative of his estate and then send an authorization for the medical records with a copy of the letters of Administration issued by the courts.  The medical facilities will not ignore the request at that point in time.  And if they do then I would ask the probate judge to issue a subpoena for the records.  That will surely get their attention an the attention of their legal department.  Good luck to you.


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