In West Palm Beach the Courts have a liberal stance towards discovery of non-privileged material. In a will contest you may find that you also need to access confidential documents about the testator’s health, caretakers misdeeds and other medical reports. You may be able to overcome confidentiality and get these documents if you know how. Check out this recent case out of the Fourth District Court of Appeal on obtaining confidential documents.
Confidentiality
- There are a lot of different documents that you want protected with confidentiality in West Palm Beach.
- For example no one wants their health records blasted on social media.
- Furthermore your communications with your attorney are privileged and confidential.
- Sometimes though confidential documents are critical to the case.
- How can you show a testator lacked capacity if his medical records are locked up?
- You may be able get an order compelling discovery of confidential material.
- What are you going to have to show the Court to get that order?
- Courts have a duty to protect medical and other important records so they may have ways around allowing discovery.
- For example you may be trying to set aside a transfer to a trust by showing lack of capacity but the medical records are private.
- Do you know what the Court may do?
- Check out this recent case out of the Fourth District Court of Appeal to learn more.
Bailey v. Bailey
- This was actually an appeal circled around a marriage dissolution.
- The woman sought the medical records of the husband to show he was not mentally stable.
- The Court noted that confidentiality and privilege are of paramount importance.
- As a substitute for actually ordering the documents the Court ordered a new medical exam to take place.
- How can they do this in a trust or wills scenario though?
- The solution gets a lot more complicated when the Party is no longer alive.
Want to learn more about discovering confidential records in West Palm Beach?
Check out the entire case by clicking here.