8-2001.5.Authorization for release of a deceased patient's records.

Article VIII. Evidence · Part 20. Inspection of Records · Last amended 2013 · Last verified July 20, 2026

In one sentenceSets the order of people, from an executor or health care power-of-attorney agent down to a surviving spouse or adult child, parent, or sibling, who may obtain a deceased patient's health care records using a sworn certification.

Full Text of 735 ILCS 5/8-2001.5

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(a) In addition to disclosure allowed under Section 8-802, a deceased person's health care records must be released upon written request of the executor or administrator of the deceased person's estate or to an agent appointed by the deceased under a power of attorney for health care. When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records must be released upon the written request of a person, who is considered to be a personal representative of the patient for the purpose of the release of a deceased patient's health care records, in one of these categories:

(1) the deceased person's surviving spouse; or (2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased. (b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. (c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law.

(d) Upon request for records of a deceased patient, the named authorized relative shall provide the facility or practitioner with a certified copy of the death certificate and a certification in substantially the following form:

AUTHORIZED RELATIVE CERTIFICATION

I, (insert name of authorized relative), certify that I am an authorized relative of the deceased (insert name of deceased). (A certified copy of the death certificate must be attached.)

I certify that to the best of my knowledge and belief that no executor or administrator has been appointed for the deceased's estate, that no agent was authorized to act for the deceased under a power of attorney for health care, and the deceased has not specifically objected to disclosure in writing.

I certify that I am the surviving spouse of the deceased; or

I certify that there is no surviving spouse and my relationship to the deceased is (circle one):

(1) An adult son or daughter of the deceased. (2) Either parent of the deceased. (3) An adult brother or sister of the deceased.

I certify that I am seeking the records as a personal representative who is acting in a representative capacity and who is authorized to seek these records under Section 8-2001.5 of the Code of Civil Procedure.

This certification is made under penalty of perjury.*

Dated: (insert date)

................................. (Print Authorized Relative's Name) ................................. (Authorized Relative's Signature) ................................. (Authorized Relative's Address)

*(Note: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and is a Class 3 felony.)

End

Plain-English Summary

This section fills a gap left when a patient has died: records go first to an executor or administrator of the deceased's estate, or to an agent appointed under a health care power of attorney. When none of those exists, and the deceased did not specifically object to disclosure in writing, a "personal representative" drawn from a defined list may request the records instead — the surviving spouse, or, if there is none, an adult son or daughter, a parent, or an adult brother or sister of the deceased.

That personal representative pays the statutory fee and signs an "Authorized Relative Certification," attaching a certified copy of the death certificate and certifying, under penalty of perjury, the facts supporting the request: that no executor, administrator, or agent exists, that the deceased made no written objection to disclosure, and the requester's relationship to the deceased.

Anyone who relies in good faith on a completed certification — in practice, typically the facility or practitioner asked to release the records — gets the same immunity from criminal and civil liability that Illinois law gives for good-faith reliance on a health care power of attorney.

Frequently Asked Questions

Who has first priority to request a deceased patient's records?

An executor or administrator of the estate, or an agent named under a health care power of attorney.

If there's no executor or agent, who can request the records?

The surviving spouse; if there is no surviving spouse, an adult son or daughter, a parent, or an adult brother or sister of the deceased.

What must the requester submit?

A certified copy of the death certificate and a signed Authorized Relative Certification in the form the section sets out, along with the statutory copying fee.

Can the deceased block release of the records in advance?

In effect, yes — the personal-representative pathway applies only when "the person did not specifically object to disclosure of his or her records in writing."

What protection does a facility get for relying on the certification?

The statute protects anyone who relies in good faith on an Authorized Relative Certification, not just facilities — giving the same immunity from criminal and civil liability as for good-faith reliance on a health care power of attorney.

Amendment History

(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; 97-1150, eff. 1-25-13.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: deceased patient medical records illinoisauthorized relative certification illinoisnext of kin medical records request illinoisrelease records after death illinois