Who must be recognized as the Individuals Personal Representative?
The following chart displays who must be recognized as the personal representative for a category of individuals: If the Individual Is: The Personal Representative Is: An Adult or A person with legal authority to make health An Emancipated Minor care decisions on behalf of the individual Examples: Health care power of attorney Court appointed legal guardian General power of attorney An Unemancipated Minor A parent, guardian, or other person acting in loco parentis with legal authority to make health care decisions on behalf of the minor child Exceptions: See parents and minors discussion below. Deceased A person with legal authority to act on behalf of the decedent or the estate (not restricted to health care decisions) Examples: Executor of the estate Next of kin or other family member Durable power of attorney Parents and Unemancipated Minors. The Privacy Rule defers to State or other applicable laws that address the ability of a parent, guardian, or other person acting in loco paren
