Does the POA end when the patient dies and is there a way to have access to those records without going through the POA? 3 Answers as of April 24, 2014

Sister died last year in nursing home. Brother wants to obtain a copy of his sister's nursing home records. The nursing home records clerk tells brother in order to have access to his sister's records he needs the POA to sign a statement and fill out a form authorizing the release of records. However, the POA refuses. How does one go about finding out whether the agent was a General POA or a POA for Health Care?

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Law Offices of Jeffery L. Fanto
Law Offices of Jeffery L. Fanto | Jeffery L. Fanto
In general a power of attorney terminates upon the death of the person granting the power. However, if the facility is going to accept it you can always try. Obviously the attorney in fact (person with the power) is not obligated to cooperate. If there is a potential claim for damages you can open an estate and appoint a personal representative. The court would grant letters of authority allowing the personal representative to request the records.
Answer Applies to: Michigan
Replied: 4/24/2014
Frederick & Frederick PLC | James P Frederick
The POA terminates upon death. The agent under the POA has no right to authorize release of the medical records. The ONLY way to do this now is to open a probate estate. The Personal Representative can obtain or order the release of the medical records. The agent under the POA cannot do anything.
Answer Applies to: Michigan
Replied: 4/24/2014
Hamblin Law Office | Sally Hamblin
All PoAs terminate once the person dies. Generally the executor of the will can get copies showing proof he or she is the executor. The issue focuses on negligence or malpractice on part of agent or nursing home. Not sure your reasons for wanting copies of records.
Answer Applies to: Michigan
Replied: 4/24/2014
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