How to Order the Medical Records of a Deceased Person
In talking to them about getting the records of your loved one, keep in mind the only people allowed by the statute to access medical records of a deceased person are:
- The executor or administrator of the deceased’s estate
- A holder of a power of attorney but only if it grants specific rights to access medical records after death
- A surviving spouse
- An adult child
- A surviving parent
- A surviving sibling, and
- A guardian or conservator of the deceased at the time of the death.
If you are not an executor or administrator of the estate, or a Power of Attorney with the specific powers, as part of your request for records you must also send an “Affidavit of Relationship” to certify to the health care provider, under penalty of perjury:
That you are the surviving _______ of the deceased,
That the deceased did not specifically object in writing to the disclosure of medical records, and
That disclosing the records is not inconsistent with any prior expressed preference of the deceased.
No matter who you are, you will likely also need a copy of the death certificate in order to get the records.
Below is a link to an example Affidavit of Relationship document. While we believe our affidavit complies with state and federal law, we cannot guarantee it will work for all situations.
Example | Affidavit of Relationship
