Without letters of conservatorship, is a parent of a deceased adult child entitled to the PHI of the child?
HIPAA Weekly Advisor, September 3, 2007
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Q: Without letters of conservatorship, is a parent of a deceased adult child entitled to the PHI of the child?
A: It depends on state law. Generally, state law provides a list of people who may act on behalf of a deceased individual. In most states, the person with highest priority is the executor of the individual's estate. If the deceased did not name an executor, the next person on the list is usually the spouse of the deceased. If there is no spouse, then adult children usually have equal rights. If there is no spouse and no adult children, then the parent of the deceased may be next in line. If the parent of a deceased adult child wants access to PHI, you would obtain written authorization from the person with the highest priority under state law.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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