MASS: voluntary administration, medical records

[zackm]

Hello,

My father passed away In Massachusetts without a will. His assets included:

1. real estate, jointly owned with spouse
2. bank accounts, jointly owned with spouse

All of these have passed to the spouse.

I do not believe I need to go through probate for anything...except getting access to his medical records. To do this the simplest way, voluntary administration may be an option. But it is unclear as to the requirements being satisfied in this case.

It appears that any real estate in the estate disqualifies this option. Then it also says to NOT include assets jointly owned in the calculation of the value of the estate, being under $25K to qualify.

Well, as he has no asset not jointly owned, is voluntary admin an option?

Also, I would like to be the person authorized to obtain the records. So, is this possible or can we execute the form in my mother's name and then do a POA for authorization to go to me?

 

[LdiJ]

Hello,

My father passed away In Massachusetts without a will. His assets included:

1. real estate, jointly owned with spouse
2. bank accounts, jointly owned with spouse

All of these have passed to the spouse.

I do not believe I need to go through probate for anything...except getting access to his medical records. To do this the simplest way, voluntary administration may be an option. But it is unclear as to the requirements being satisfied in this case.

It appears that any real estate in the estate disqualifies this option. Then it also says to NOT include assets jointly owned in the calculation of the value of the estate, being under $25K to qualify.

Well, as he has no asset not jointly owned, is voluntary admin an option?

Also, I would like to be the person authorized to obtain the records. So, is this possible or can we execute the form in my mother's name and then do a POA for authorization to go to me?

Why do you need to obtain his medical records? And why can't his widow get them?

 

[Mass_Shyster]

I'm sorry for your loss.

NOTE: I don't practice probate, and hired another attorney to handle my mother's estate.

The real estate is not part of "the estate", and therefore may not prevent voluntary administration.

 

[zackm]

We have a malpractice issue regarding the cause of death. Whoever becomes the estate administrator, he/she is required to have some documentation stating such authority. Simply being the widow is insufficient. As my mother is not prepared to deal with the coming issues, and as I handle all the family matters, I will be the one in primary contact with the parties involved.

 

[zackm]

Additional information is not encouraging:

As per this link:

https://www.mass.gov/files/documents/2016/08/vb/mupc-procedural-guide.pdf
Page 49:

The filing of a Voluntary Administration Statement does not result in an official appointment by the court. Under the law, a person designated as a VPR (voluntary personal representative) has limited authority. In order to obtain medical records of the decedent, a person interested in the estate may need to be appointed as a PR by the court.
For more information on how to be appointed a PR, see Chapters 3 and 4 of this guide.

Chapters 3 and 4 refer to informal and formal probate.

Page 117 has these examples:

Example 2: Donna died with a will naming her surviving spouse, Harry, PR. Harry does not want to be appointed PR, but is willing to serve temporarily as a SPR. May Harry file an informal petition seeking to be appointed SPR?

Answer: No. A SPR may not be appointed in an informal proceeding. Harry would need to file a formal petition requesting appointment as a SPR or he may be appointed PR in an informal proceeding.

Example 4: Donna dies without a will leaving her brother Bob. Bob wants to be appointed SPR for the sole purpose of obtaining medical records of Donna from a hospital/health care provider. There are no other probate assets. May Bob file a formal petition seeking appointment as a SPR for the sole purpose of obtaining medical records?

Answer: Yes. Pursuant to § 3-614, a SPR may be appointed formally by the court if it finds that “…the appointment is necessary to preserve the estate or secure its proper administration…” Pursuant to § 3-617, a SPR appointed by order of the court in a formal proceeding has a general PR’s power except as limited by § 3-715(b) and in the appointment and duties as prescribed in the Order. Section 3-709 [Duty of a Personal Representative; Possession of Estate] provides: “Except as otherwise provided by a decedent’s will, every PR has a right to, and shall take possession or control of the decedent’s property…” Therefore, a SPR appointed formally would appear to have the authority to obtain the decedent’s medical records, unless the ability to perform this act was specifically limited by the court. The court could issue Letters which limit the SPR’s powers to securing medical records.



These two examples say:

1. A PR (personal representative) can be appointed in an informal probate.

2. A PR has the authority to take possession of a decedant's property. I assume medical records are considered property.

So, to be appointed as PR, one CANNOT do it in a voluntary administration.

 

[Zigner]

The attorney you hire to assist with the malpractice matter will (should) know how to obtain the medical records.

I, too, am sorry for your loss.

 

[zackm]

Yes, agreed, when we get to the attorney stage he will do all the work. We have a meeting with Partners to discuss what happened, so I don't need the records yet. Just wanted to examine the process.

Partners has already declared liability. They are part of a program where we can discuss it all and be open to an offer of settlement, before exploring legal action. We have nothing to lose taking that initial route.