Q: How do I go about getting medical records of a deceased loved one? I am an heir to this person.

A: There are VERY STRICT privacy rules surrounding people's medical information and, unless your loved one signed a waiver of their right to privacy (also known as a HIPAA Waiver) that specifically includes your name as someone your loved one wanted to be able to access the medical records, there is very little, if any, chance of you getting to see them.

A Health Care Directive won't work. As a background, the way people get a loved one's medical records when the loved one is alive (but does not have sufficient mental capacity to make their own medical decisions) is by using a document called a Health Care Directive. In the Directive, a person will name anyone as an agent to handle health care decisions if and when the person loses mental capacity. Unfortunately, Health Care Directives become void when someone passes away, so even if you were named in that document, it won't do you any good. Sorry about that!

A: As an heir of a deceased loved one, you have the right to obtain their medical records. The process for obtaining these records will depend on the state where the person received medical treatment and the policies of the healthcare provider who has the records.

In general, you will need to provide proof of your relationship to the deceased person and documentation showing that you have the legal authority to access their medical records. This may include a court order, a will, or other legal documentation.

You can start by contacting the healthcare provider where the person received medical treatment and requesting their medical records. You may need to fill out a written request form or provide a written authorization form signed by the executor of the deceased person's estate.

If you encounter any difficulties obtaining the records, you can consult with a lawyer specializing in health law or a patient advocate for assistance. Keep in mind that there may be fees associated with obtaining the records, and it may take some time to receive them.

It's important to note that medical records are confidential and protected under federal and state laws. As a result, you should take steps to ensure that the records are kept confidential and used only for the purposes for which they were obtained.