Records Release

An Ohio Appellate Court upheld a probate court’s discretionary decision to release the deceased’s medical, school, and employment records to the attorney for the father of the deceased’s children, who had filed a wrongful death action. The court said in In re Estate of Sarantino that whether or not the father was a real party in interest for purposes of the suit was for the federal court, not the probate court, to decide.

In the instant matter, the issue is not whether [the father of the deceased’s children] in the Missouri [wrongful death] action is the proper party to prosecute the case. That question is for the United States District Court, Eastern District of Missouri, Eastern Division, to decide. Rather, the issue before this court is whether the trial court abused its discretion by ordering [the children’s guardian] to sign authorization forms so that [the father’s attorney], who was retained by both [the father] and the guardian for the minor children, Attorney Daugherty, may prepare a wrongful death claim for the benefit of the minor children. Based on the record, we do not believe that the trial court erred or abused its discretion by compelling appellant to sign and provide authorization forms to [the father’s attorney] to enable him to obtain the decedent’s medical, school, and employment records. We agree with the trial court that the information requested is in the best interests of the minor children, the beneficiaries of the decedent’s estate.