SESK: Stuff Everyone Should Know · sesk.info/hipaa-personal-rep-executor
Who can act as a deceased patient's personal representative under HIPAA?
An executor or administrator with legal authority.
- Any family member who asks
- An executor or administrator with legal authority ✔
- The hospital chaplain
Why: If an executor, administrator or other person has legal authority to act for the deceased person or the estate, the covered entity treats them as the personal representative.
Huh, didn't know that: A personal representative's rights cover only the PHI relevant to that role.
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References
Answer: An executor or administrator with legal authority. If an executor, administrator or other person has legal authority to act for the deceased person or the estate, the covered entity treats them as the personal representative.
- 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual's estate
Checked 2026-10-10. - 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
treat a personal representative as the individual for purposes of this subchapter
Checked 2026-10-10.
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