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I filed a petition in CA probate court to determine the

Customer Question
validity of a trust. Can...
I filed a petition in CA probate court to determine the validity of a trust. Can you tell me how I can obtain the trustors medical records
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: a petition to determine validity of trust
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.Category: Legal
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Answered in 2 minutes by:
10/31/2016
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,533
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 year ago

You would need to subpoena the custodian of the records from the doctors office or hospital you need them for.You can subpoena duces tecum them to a hearing and use the witness to admit them.In other words they identify whose recrds they are, that it was normal business to keep such records, and these are ll the records belongs to the Trustor, etc so the may be admitted as evidence.

You can also do this be deposition with a court reporter subpoenaing the records and person to the court reporter's office. You would have to pay for the court reporters time and reporter would take the brief deposition and attach records to the depo and this can all be admitted in lieu f testimony at a hearing here in CA.

I appreciate the chance to help you today.Thanks again.

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Lawyer: Ray, Lawyer replied 1 year ago
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Lawyer: Ray, Lawyer replied 1 year ago

1270. As used in this article, "a business" includes every kind ofbusiness, governmental activity, profession, occupation, calling, oroperation of institutions, whether carried on for profit or not.1271. Evidence of a writing made as a record of an act, condition,or event is not made inadmissible by the hearsay rule when offered toprove the act, condition, or event if: (a) The writing was made in the regular course of a business; (b) The writing was made at or near the time of the act,condition, or event; (c) The custodian or other qualified witness testifies to itsidentity and the mode of its preparation; and (d) The sources of information and method and time of preparationwere such as to indicate its trustworthiness.1272. Evidence of the absence from the records of a business of arecord of an asserted act, condition, or event is not madeinadmissible by the hearsay rule when offered to prove thenonoccurrence of the act or event, or the nonexistence of thecondition, if: (a) It was the regular course of that business to make records ofall such acts, conditions, or events at or near the time of the act,condition, or event and to preserve them; and (b) The sources of information and method and time of preparationof the records of that business were such that the absence of arecord of an act, condition, or event is a trustworthy indicationthat the act or event did not occur or the condition did not exist.

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Customer reply replied 1 year ago
I looked at the SDT is it appropriate for medical records? Are there HIPPA issus to be concerned with?
Lawyer: Ray, Lawyer replied 1 year ago

Yes it is, the hospital might try to quash it but only way to get at them.You may have to battle a bit.

Thanks for the follow up.

You can argue for in camera inspection if you have too by the court--judge looks at them and rules on whether you get them

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Lawyer: Ray, Lawyer replied 1 year ago

Have a Happy Halloween and good luck here.

If you can rate 5 stars it is much appreciated.

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Ray
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Category: Legal
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