My aunt just passed away and I believe she was suffering from either Alzheimer's or Dementia. I want to get her medical records from the nursing home. She did some goofy things in her will and she was very, very logical...any suggestions?
Forget the medical records for a moment. What's the date of the will? Who drew it up? Who were the witnesses? And most of all what's the big issue…?
Because I have to say that my first suggestion would be: forget it. The only good reason for challenging a will is that you suspect that either a) it's a forgery or b) your aunt, as the only potential victim in the piece, was duped/threatened/co-erced or otherwise misled into agreeing to change it. Nothing else is worth the trouble.
This one does have me scratching my head. Melody, had your aunt signed a HIPAA form so that medical information could be released to you? There are strict laws about disclosure of medical conditions and treatments that companies have to follow. If your aunt did not have the information released to you, you would have to get it indirectly, e.g. from a family member who knew or court order. I doubt a company would risk penalty by releasing information to an unauthorized person. Legalities and covering themselves will be the main things important to the nursing facility. If you are just curious, I would talk to a family member. Since you've consulted an attorney, I suspect it is something more than that.
I don't know if this is helpful but here is a link to the NH guide for executor duties. https://www.nhbar.org/uploads/pdf/admin_an_estate.pdf After a quick glance I wouldn't want the job. It is tedious and must be closely followed. I don't see where medical records are important unless you have a question about her state of mind when the will was prepared? Otherwise he has to follow the terms of the will and if no will is in place there is a clear listing of who receives any monies after all claims are settled. If it is a concern about her state of mind, I would let the attorney handle the situation. The only other comment/question is: you mentioned the cousin was the Executor, did he also hold POA? they are different, or did she even appoint a POA.?
Let me elaborate further on my question. My aunt was not married and did not have any children. My aunt and her brother (my dad) were from my Grandfather and Grandmother but their brother had a different mother. My cousin (the other brother's child) is Executor but her dad had a different mother. My aunt had heart problems as well as I believe definitely dementia and probably alzheimers. I need to get a copy of her medical records but don't think my cousin will help out. I have hired an attorney but he asked me to try to get the records....HELP
If you hold the Health Care POA it should not be an issue, a financial POA is usually terminated at death. A simple approach is to call the New Hampshire of Department of Health (they have a toll free number) and be directed to the appropriate office, or call the nursing home or hospital where she died. The numbers are easily located by a query through Google or other search engine. The key is validity of Health Care POA. The cost is also found by an easy query, if you only want specific records the form you download will allow you to be specific and save money. I know this doesn't apply to your question but I hold POA for my mother, and every month I request a copy of her records. This not only gives me an up to date view of her health, but also helps me let other family members know how she is doing.
I believe the POA would end with the death of the patient, no? If you feel the will is invalid because she signed it without being in her right state of mind, then her spouse (if there is one) or children need to contact an attorney. Having access to her medical records isn't going to change anything as you will still need an attorney beyond that.
You need to have a POA or be some kind of legal guardian for them to release anything. Who were her children, or did she have any? Need more information.
You can if you were her health POA or her conservator. They have a right to charge you for medical records.
Exactly why do you feel you need the records?
If there is a great deal of property or money involved, and possibly some hand of wrongdoing by someone, a lawyer can petition a judge, and the records could be subpoenaed. Caution - expensive - make sure you have a true and valid purpose in doing this and that you have more to gain and you do to lose.
Because I have to say that my first suggestion would be: forget it. The only good reason for challenging a will is that you suspect that either a) it's a forgery or b) your aunt, as the only potential victim in the piece, was duped/threatened/co-erced or otherwise misled into agreeing to change it. Nothing else is worth the trouble.
Exactly why do you feel you need the records?
If there is a great deal of property or money involved, and possibly some hand of wrongdoing by someone, a lawyer can petition a judge, and the records could be subpoenaed. Caution - expensive - make sure you have a true and valid purpose in doing this and that you have more to gain and you do to lose.