How do I request copies of health records for someone who has died?

​​​​A patient’s right to privacy continues even after they die. If you need to see the health records of someone who has passed away, there are a few steps you must follow to ensure laws are followed. Our Release of Information office will review your request with care and respect, contact you if needed, and process it within 30 business days.   ​

What you need to do:

  • Fill out the request form: 

  • Choose Hospitals/Health Care Facilities or Correctional Health Services, depending on where the care was provided 

  • Click on “How do I ask for someone else’s health information?” and follow the instructions 

  • Show your connection to the person who passed away by providing proof of your relationship 

  • Explain why the records are needed by providing your reason   

  • Review helpful information below and Contact us if you have any questions 


Your proof of relationship helps us confirm that you are the appropriate person to receive or approve the release. Your reason helps us understand whether you’re truly acting on behalf of the deceased person. Both need to be approved before we can release any records.    

We only share what’s needed:

We might ask you more questions to understand why you need the records. If we do give you any records, we will only share the smallest amount needed to meet your request. This helps protect the privacy of the person who passed away. ​

​For more details, click the bars below:​

Appropriate Person

​Who is an Appropriate Person to ask for health records? 

When someone dies, anyone can ask for their health records. But first, we check if the requester qualifies. These people are called the “appropriate person”. 

 

To be an appropriate person, you must: 

  • Be willing to help with the deceased person’s affairs 

  • Have the legal right to act for them 

  • Show proof of your relationship 

  • Give a reason for needing the records 

 

Showing Your Proof of Relationship: 

  • Our request form: Check off your relationship from the list 

  • Other forms/cover letters (like insurance, law firms): explain relationship  

  • Adults: Attach documents that show your relationship, if available or if asked

  • Minors: You may not need to send documents unless asked  

 

Some roles end when a person dies:   

  • Temporary Substitute Decision Maker 

  • Power of Attorney (including “enduring”) 

  • Representation Agreements (7 and 9) 

  • Committee of Person  

 

If you can’t show proof or don’t have legal rights, your request will not be approved. 

For Adults Who Have Died: ​

You may be the appropriate person if you are: 

 

  • A Committee of Estate (prior to ‘Grant of Administration’) 

  • A Personal Representative (like an executor of the Will or administrator of the estate) 

  • The nearest relative, in this order: 

  1. Spouse 

  2. Adult child 

  3. Parent 

  4. Adult sibling 

  5. Another adult family member (not by marriage) 

  6. An adult related by marriage 

 

Examples: 


There is a Will or Grant of Administration:

  • Committee(s) of Estate prior to Grant of Administration  

  • Executor(s) 

  • Court appointed Administrator(s) 


Will is in Dispute:​

Sometimes, people don’t agree on whether a Will is valid or who should oversee the estate. This is called a dispute. 

  • The person(s) named in the Will (called the Executor) might not be accepted right away 

  • More information or documents may be needed to explain what’s going on 

  • It may be decided that the Executor has the legal right to access information to protect the Will during the dispute 

  • Until the dispute is settled, it might take longer to get access to the deceased person’s records


There is no Will or Court Appointed Administrator Yet:​

  • Committee(s) of Estate prior to Grant of Administration  

  • Nearest relative or other person willing to act on behalf of the deceased person depending on the reason for the request 

  • If someone has applied to the court to become the Executor or Administrator, the release of records is usually delayed until the court decides 


Beneficiaries of Death Benefits or Insurance:​

  • Executor(s)/Administrator(s)/Committee(s) of Estate (prior to Grant of Administration) may request records on behalf of the estate to help with giving benefits to the right people 

  • Named beneficiaries (you are named in a policy) may request records be released to the organization. You must show proof that you are the beneficiary. You can’t get records yourself in this situation because of privacy laws.   

  • Organizations (like ICBC, WorkSafe BC, Life/Travel Insurance Companies) may request records if they show proof that they are handling a benefit for the named beneficiary  

  • Some policies don’t name a person and instead the benefit goes to the estate. In this case, the organization (like the insurance company) must make the request for records  

For Children/Minors (Under 19) Who Have Died: ​​

You may be the appropriate person if you are: 

 

  • A Personal Representative 

  • The guardian before the child passed away 

  • The nearest relative, in this order: 

  1. Parent 

  2. Adult sibling 

  3. Another adult family member (not by marriage) 

  4. An adult related by marriage 

 

Notes on Minors: 

  • Parents or legal guardians are usually allowed to ask for records without needing to show documents – unless asked.   

  • Court appointed legal guardians may need to show proof (especially if it’s not already in the child’s health record). 

  • Immature minors (usually under 12 years old) usually are likely not to understand their privacy rights before they died. Their records can usually be shared with parents or guardians. Each case is looked at individually. 

  • Mature minors (usually 12-18 years old) are likely to understand their privacy rights before they died. Their records are carefully reviewed to see if they might have wanted their information to stay private – even from parents or guardians. Each case is looked at individually. 

  • Incapable minors (children or teens under 19 years old) cannot understand their privacy rights because of a medical, mental, or intellectual condition. Their ability to understand is decided by health care staff. Each case is looked at individually. ​

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Acting on Behalf

​What does Act on Behalf mean? ​
 If you are asking for someone’s health records after they’ve died, you must show that you not only have a relationship with them (appropriate person) – you are also helping take care of their affairs. 

 

This means: 

  • You are doing something that helps the person who passed away 

  • You are acting in their best interest as if you were them in decisions related to money, property, taxes, legal claims, insurance or death benefits, etc. 

 

We may ask you for more details to confirm your reason. If your reason is personal or only helps you, your request will not be approved. 

 

Examples: 

 

Managing the Deceased Person’s Estate 

Executor(s)/Administrator(s)/Committee(s) of Estate (prior to Grant of Administration) may request records to help with important tasks. These reasons may include insurance claims, income tax, proof of admission to hospital or care home, proof of illness/disability, checking the person’s mental abilities before they died, legal matters or court cases, selling or managing property. Each request is carefully reviewed to make sure it’s a valid reason. If approved, only minimal records are shared. If the person is asking for personal reasons that don’t help with the estate, the request will not be approved. 

 

Death Benefits or Insurance Payouts 

Requests made for the timely payout of Death Benefits or Insurance will be considered when the appropriate person is making the request. This could be the Executor/Administrator/Committee(s) of Estate (prior to Grant of Administration) – see above. If there is no one legally in charge of the estate, the organization/company or beneficiary may request the release of records directly to organization/company with appropriate documentation proving the beneficiary. This helps make sure the right people get the benefits, while still protecting the privacy of the person who died. 

 

Cause of Death 

Unfortunately, wanting to know the cause of death is not enough to get access to the health records of a person who has died. Requestors must state how they will use the information and, if it’s a valid reason, the request may be approved. If you are asking just because you want to know, even if you are a family member or friend, the request will not be approved. Check the Resources bar below for more information on death documents. 

   

Personal Reasons   

Unfortunately, personal reasons are often not enough to get access to the health records of a person who has died. Personal reasons can include closure, adding to family records, or wanting to know what happened. Even if someone says they are “acting in the best interests of” or “acting on behalf” of the person who died, they must prove their role and reason. If they can’t, it is considered a personal reason, and the request will not be approved. Note that claiming insurance or death benefits is usually not considered a personal reason – see Death Benefits or Insurance Payouts section above.  

 
If You’re Worried About the Care Someone Received 

Sometimes, families or friends may be worried about the care a person received before they died. These concerns are important, but they are not usually a reason to get the person’s full health records. Contact the Patient Care Quality Office for the health authority where the person received care: 


Indigenous clients can choose to self-identify and ask for culturally safe support when sharing concerns. 

Note:  The Patient Care Quality Office does not handle requests for health records nor complaints about getting access to records.    ​

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Resources - Laws, OIPC, Death Documents - Vital Statistics

Laws that Protect Privacy and Access to Information  ​

We follow BC’s Freedom of Info​rmation & Protection of Privacy Act (FIPPA) and other provincial and federal laws. Here are some important parts of FIPPA: 

 

ACCESS – Section 5 of FIPPA Regulations 

This part explains who is allowed to ask for records of someone who has died. Usually, it must be a close family member or someone who has legal permission to act for the deceased person. 

 

PRIVACY – Section 22 of FIPPA 

This part protects people’s private information. It says that a public body (like a hospital or government office) must not share personal information if it would be an unreasonable invasion of someone’s privacy.   

 

  • Section 22(1): Personal information can’t be shared if it would unfairly affect the privacy of the person or others 

  • Section 22(3)(a): This includes private health information like medical or mental health history, diagnosis, or treatment  

Office of the Information & Privacy Commissioner of BC (OIPC) ​

OIPC is an independent office that makes sure people​​’s access and privacy rights are protected in BC. It is not part of government and helps make sure that privacy laws, like FIPPA, are followed. 

 

Visit the OIPC website for general information, guidance documents, instructions, and forms to assist citizens including  Requesting records of a deceased individual in the public sector. This guidance document supports the information found on our webpages as well as links to real examples (called Orders) on decisions for release of information of persons who have died. 

Death Documents 
What’s the difference between a Medical Certificate of Death, Death Registration, and Death Certificate? 

  • Medical Certificate of Death is a form filled out by a doctor, nurse practitioner, midwife, or coroner. It gives important information about the person who has died, such as their legal name, when and where they died, and what caused the death. It is not kept in the person’s health records. It is used by funeral homes and is required by BC Vital Statistics to officially register the death. 

 

Copies of Medical Certificate of Death are not available to family members or the public. ​

  • Death Registration is a legal document made using the information from the Medical Certificate of Death and other personal details already known by BC Vital Statistics. It includes the person’s legal name, when and where they died, and the medical reason for their death. It has more information than a Death Certificate. 

 

Family members may be eligible to apply for a Copy of a Death Registration from BC Vital Statistics for a fee. Find more information and the application form h​ere. 

 

  • Death Certificate is a legal document made using the information from the death registration. It shows the legal name of the person who has died, and when and where they died. It does not show cause of death. 

 

Any person may apply for a Death Certificate from BC Vital Statistics for a fee. Find more information and the application form here. 

 

For general information, please visit BC Vital Statistics’ webpages regarding Death. ​

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Note: The information on this page is meant as general guidance for the public on common requests for health records of a person who has died. It’s not meant to exclude anyone from requesting records. Every request is reviewed individually. For questions, please contact us. ​​