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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100047
Experience:  Fully licensed attorney in Texas in private practice.
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A person is deceased and s Spouse would like the ancillary

Customer Question

A person is deceased and his Spouse would like the ancillary physician's report on the deceased. There was no POA while the person was living. Can this info be shared with the spouse?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this loss. The answer is yes, but only if she is the designated Personal Representative (PR) of the decedent (person who passed away). Under HIPAA law, no medical information may be shared unless it is with the PR. See HERE. "A decedent’s personal representative is an executor, administrator, or other person who has authority under applicable State or other law to act on behalf of the decedent or the decedent’s estate."

Just because she was married to him does not mean that she is automatically his PR. She may have to file a probate action to become a court-designated Executrix/Administrator which would then indeed make her a PR via the probate matter. Then she can request the medical files.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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