Q: As the agent on my bother's advance directive, can I legally request a copy of his medical record after his death?

A: To answer this question accurately, we need to consider a few key points regarding health care law in California:

1. Role of the agent: As the agent named in your brother's advance directive, you were given authority to make health care decisions on his behalf while he was alive but incapacitated.

2. Access to medical records after death: In California, the right to access a deceased person's medical records is governed by the Confidentiality of Medical Information Act (CMIA) and federal HIPAA regulations.

3. Authorized recipients: Generally, after a person's death, their medical records can be accessed by:

- The personal representative of the deceased's estate

- A beneficiary, heir, or survivor who may be eligible for benefits based on the deceased's medical information

Based on these considerations, here's the likely answer:

As the agent named in the advance directive alone, you may not automatically have the legal right to request your brother's medical records after his death. Your authority as an agent typically ends upon the person's death.

However, if you fall into one of the following categories, you may be able to access the records:

1. If you are also the personal representative of your brother's estate

2. If you are a beneficiary or heir who needs the medical information to claim benefits

To request the records, you would likely need to provide documentation proving your status as personal representative or beneficiary/heir.

If you don't fall into these categories but believe you have a valid reason to access the records, you may need to petition the court for access.

For the most accurate advice tailored to your specific situation, it's recommended to consult with a health care attorney in California. They can provide guidance based on the full details of your circumstances and any recent changes in state law.