How to obtain POA after my son’s death to obtain medical records?

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How to obtain POA after my son’s death to obtain medical records?

My son suddenly passed away at age 42 without any legal documentation. I am
trying to obtain some of his medical records from the EMT’s to find out more
about what happened. Since he was not a minor and he didn’t have a will or POA
they won’t issue me the information. How can I obtain a POA if someone is already
deceased? Does this HIPPA law still apply?

Asked on May 16, 2018 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need to be appointed the personal representative or administrator for your son's estate.  (Since you say there was no "legal documentation," we assume there is no will naming an executor.) As the estate's personal representative, you would have the legal authority to obtain these records. As a parent, unless your son was married or had an adult child of his own, you would be the logical person to be appointed personal representative and should be able to get appointed. Contact the probate court in the county in which your son resided for instructions on how to apply for the appointment.
Please accept our sympathy for your loss.


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