In Virginia, if you have a power of attorney signed by your loved one and then they die, can you immediately use that to get the medical records from a hospital or medical doctor? Unfortunately, in Virginia, the power of attorney ends at a loved one’s death. This can make it difficult if you believe another party’s negligence is the reason for the death. A wrongful death lawyer can help navigate you through the steps to obtain the medical records.
If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.
What Happens to a Power of Attorney When the Principal Dies?
A power of attorney (POA) generally becomes void upon the death of the principal (the person who granted the power). After someone passes away, the power of attorney is no longer valid, and the agent (the person who was granted the POA) cannot use it to access the deceased’s medical records. Therefore, a POA cannot be used to obtain medical records after the loved one’s death.
In Virginia, as in other states, the rights to access a deceased person’s medical records typically shift to the legal representatives of the deceased’s estate. These are usually the personal representative or executor of the will, or in cases where no will exists, the administrator appointed by the court.
Who Has the Legal Right to Access a Deceased Person’s Medical Records?
After a person’s death, the right to access their medical records typically transfers to the personal representative of their estate. This person is either named in the will or appointed by the court if there is no will. The personal representative (often referred to as the executor if named in the will) is responsible for administering the deceased’s estate, including handling financial matters and distributing property.
The personal representative has the authority to request medical records of the deceased to handle estate-related matters, such as settling debts or addressing any medical claims or disputes that arise posthumously. In some cases, the family may be granted access to records for other reasons, such as to address issues related to inheritance or health concerns of other family members, but the primary legal right belongs to the personal representative.
What Process Must the Personal Representative Follow to Access Medical Records of a Deceased Loved One in Virginia?
To access medical records of a deceased loved one in Virginia, the personal representative must follow a few key steps:
Establish Legal Authority
The personal representative must prove their legal authority to access the medical records. This typically requires submitting the court-appointed letters of administration or letters testamentary (if named in the will) to healthcare providers, which serve as official proof that they have been authorized to act on behalf of the deceased’s estate.
Submit a Request
Once legal authority has been established, the personal representative can submit a formal request to the healthcare provider or facility where the deceased’s medical records are stored. This request usually requires the completion of a medical records release form, which includes details about the deceased (such as name, date of birth, and date of death) and the specific records being requested.
After submitting the request, the healthcare provider typically has 30 days to respond to the request for records, although the timeline may vary depending on the provider’s policies. There may also be fees associated with obtaining copies of the medical records.
Are There Any Exceptions to Accessing a Deceased Person’s Medical Records?
Certain exceptions or restrictions may apply when trying to access a deceased person’s medical records. Certain types of medical records may be restricted or require additional steps to access. For example, psychiatric or substance abuse treatment records often have more stringent protections, even after death. In such cases, the personal representative may need to seek additional consent from surviving family members or obtain a court order to access these sensitive records.
How Can Your Personal Injury Law Firm Help?
At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.
Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.