In cases of suspected incapacity, where the testator is a deceased aged parent, a disinherited son or daughter has the legal right to request and obtain the decedent's medical records under Evidence Code Section 1158.  This statute gives surviving children the right to request and obtain copies of the medical records of the parent that has passed away.  The records must be made available for inspection and copying within 5 days of a written request.  In order to speed up compliance, include a copy of a death certificate and an authorization to release the records that complies with the Health Insurance Portability and Accountability Act ("HIPAA").  State in the request that you are the son or daughter of the decedent and cite Evidence Code Section 1158. 

If you have questions about whether your Deceased Parent lacked mental capacity, please feel free to give us a call at (858) 259-7790 or contact us online.