Executor Access to a Deceased Person's Medical Records in Ontario

As an executor, you may need a deceased person's medical records. An insurer might ask for them, a claim might depend on them, or a family member may have questions about the final illness. You may also wonder whether you are entitled to see them.

This article explains how to think about the request: what authority to have ready, who is usually in a position to ask, and what to do when a health provider is not sure. The rules on health information are detailed, so a lawyer can confirm how they apply to you.

Why executors ask for medical records

Records are sometimes needed to support an insurance or benefit claim, to answer questions from a creditor or insurer, or to understand events before death. They can also matter if a family member questions the deceased person's capacity or care.

Before you ask, work out what you are trying to prove. A narrow request, such as a letter confirming a diagnosis or date, is often easier to fulfil than a full chart. Some estate tasks are separate from any health file. For example, the CPP death benefit is applied for by the executor named in the will or the administrator appointed by the court, who should apply within 60 days of the date of death. Whether that or any other task needs medical records depends on the facts, so confirm before you ask.

Who may be able to ask

Who can obtain a deceased person's health records depends on the role you hold and on what you want to see. It is worth confirming with a lawyer before assuming you have a right to the full file.

In general, a health provider will want to know who you are and on what authority you act. That is why the question of who holds the formal appointment matters. Some people are named in a will as estate trustee. Where there is no will, a court appoints someone. If a named estate trustee declines or cannot act, the beneficiaries may nominate another person to act.

Showing you have authority

If there is a will naming you as estate trustee, you will usually want a copy of it. Depending on the estate, you may also need a court document. Where there is no will, the deceased's spouse or common-law partner usually has the first right to apply for a certificate of appointment, followed by a close adult relative such as a child, parent, grandchild, sibling, nephew or niece, and the court may appoint the relative it considers most appropriate.

If a probate application is needed, a bond may be required with it, for example where there is no will, where the applicant was not named as estate trustee, or where the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country. A judge can order that no bond is required.

Practical points when you make the request

• Write to the health provider's privacy or records office and say you are the estate trustee.
• Include a copy of the death certificate and your proof of authority.
• Say exactly what you need and why, such as a specific date range or document.
• Ask what form the provider uses and whether it charges to copy the records.
• Keep copies of every request and response with your estate records.
• Treat the records as confidential and share them only as needed.

If a provider refuses or only releases part of the file, do not argue at the counter. Ask for the reason in writing and speak with a lawyer about next steps.

What to do next

Decide what you need the records for, then gather your authority documents. If you do not yet have a certificate of appointment, ask whether your request can wait until you do, or whether a lawyer can help you request limited information in the meantime.

If the records relate to a possible dispute, such as a challenge to capacity, speak to a lawyer before you contact anyone. How the records are requested and used can matter later.

Frequently asked questions