Q: How do I obtain medical records of my mom who is in the care of a nursing facility.
I've taken care of my mom and her affairs from 2002 (when she came to live with me), until 2012 (when she had a stroke and was admitted to a long term care facility). I have never had an advanced directive or power of attorney for her...I never need one until now. My mom needed medical attention and was seen in the emergency room of a nearby hospital. When she returned to the nursing facility, I asked for copies of my moms records. I was denied based on Georgia Code (2010). How can I get authorization to get my mom's records? She is diagnosed with dimentia. I am the only family member able to continue to care for my mom. Will she now be considered a ward of the state?
A: In most states, without a healthcare power of attorney, a family member could hire a lawyer and seek to be appointed guardian of your mom, who would be adjudicated a "disabled person" by the probate court. Then once the guardianship is established and with the appointment as guardian, you would have every right to act on behalf of your mom for all matters.
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