Q: How do I get my deceased dad's medical records if he didn't have a will and the listed next of kin won't cooperate?

A: In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of individuals who can access the records.

According to Section 123105(e), the following persons can access a deceased patient's records, in order of priority:

1. The patient's spouse, domestic partner, or parent.

2. The patient's child, grandchild, sibling, or any other person authorized by law.

3. The personal representative or executor of the patient's estate.

If your brother, who is the listed next of kin, is not cooperating, you may need to petition the court to be appointed as the personal representative or executor of your father's estate. This would grant you the legal authority to request and obtain your father's medical records.

Here are the steps you can take:

1. File a petition with the Superior Court in the county where your father lived in California to be appointed as the personal representative or executor of his estate.

2. Once appointed, you can request your father's medical records from the hospital or healthcare provider, presenting your court order as proof of your legal authority.

3. If the hospital or healthcare provider refuses to release the records, you can file a complaint with the California Department of Public Health (CDPH) or seek legal assistance to enforce your rights under the law.

Keep in mind that this process can be complex, especially since you are located in a different state. It may be helpful to consult with a California probate attorney who can guide you through the process and help you understand your legal options.