Part 2 deceased personal-representative consent

Editorial approval scope: The team checked current source fidelity, scope boundaries, dates, arithmetic, reader usefulness, practical workflow, and general-information limitations.

Current rule checkpoint

Under live 42 CFR 2.15(b)(2), when written consent is required for a use or disclosure identifying a deceased patient as having an SUD, the personal representative may give that consent. Current section 2.31 supplies the consent requirements. The HHS fact sheet identifies February 16, 2026 as the amended framework's compliance date.

Authority comes from applicable law and documents

The current deceased-patient rule assigns required written consent to the personal representative. Preserve court appointment, statute, executor or administrator status, identity, priority, restrictions, effective dates, successor information, and counsel review.

Consent remains purpose- and recipient-specific

Document decedent, recipient, information, purpose, expiration, revocation terms where applicable, signature, date, copy, accompanying notice, delivery, and disclosure log. Authority over an estate does not automatically create unlimited data access.

Resolve competing or unclear claims

Multiple family members, disputed estates, foreign orders, small-estate procedures, pending probate, institutional representatives, and conflicts may require specialized counsel. Hold disclosure, preserve deadlines, and communicate without confirming protected status.

Determine who is the personal representative

Identify the governing jurisdiction and current law for executor, administrator, court-appointed representative, successor, small-estate procedure, or other authorized role. Preserve the death record, court letters or order, appointment, identification, acceptance, priority, scope, restrictions, effective date, expiration, and counsel review.

Being a spouse, child, next of kin, beneficiary, nominated executor, emergency contact, payer, caregiver, or person holding a will does not automatically prove current authority. Verify documents through the issuing court or another trusted source without confirming protected patient status.

Match authority to a complete consent

Describe the recipient, information, purpose, expiration or event, revocation process where applicable, required statements, signature, and date. Confirm that the representative signs in the documented capacity and receives a copy. Compare the consent with the actual records, date range, attachments, metadata, endpoint, and proposed use immediately before disclosure.

Estate authority does not make every record relevant or every recipient proper. A consent for estate administration does not automatically cover media, research, litigation, family circulation, employment, or another request. Obtain a fresh consent or other authority when the recipient or purpose changes.

Resolve competing claims and conflicts

Pause when representatives conflict, probate is pending, a foreign order is unclear, an appointment has expired, a successor appears, or the requester may use information against the estate or another protected person. Preserve records and deadlines while experienced estates and Part 2 counsel determine authority.

Review known patient directives, consent and revocation history, applicable representative duties, and safety concerns. Separate the representative's legal status from the organization's decision about scope and method.

Control delivery and later requests

Authenticate the recipient, use secure transmission, limit files, inspect other-patient information and metadata, confirm receipt, and record authority, consent, exact disclosure, time, sender, and follow-up. Correct material errors without overwriting the original release record.

Treat every added record, recipient, purpose, date range, testimony request, or redisclosure question as a new review. Reverify representative status after any estate or court change.

Use a document-and-decision matrix

List each document offered, what it proves, issuing authority, verification method, date, scope, restrictions, and unresolved issue. Separate proof of death, identity, representative appointment, estate power, and the Part 2 consent itself. One document may support only one link in the chain.

Record the representative's requested purpose and compare it with duties under applicable estate law, known conflicts, litigation posture, and the minimum record needed. Obtain specialized review before treating a small-estate affidavit, foreign appointment, power of attorney, or nominated-executor clause as equivalent to current appointment.

The requester can ask which role is recognized, which documents remain missing, what consent language is required, what records and dates are covered, how delivery will occur, and how to change or withdraw the request. A clear written answer helps resolve authority without broadening disclosure.

Example

Ten representative consents are reviewed. Seven have verified appointment, identity, authority, scope, consent elements, notice, delivery, and log evidence; three contain only a family affidavit. Readiness is 7 of 10 consents.

Deceased-representative consent checklist

• identify governing law and authenticate the current appointment and identity;
• verify scope, restrictions, priority, duration, and competing claims;
• complete every applicable section 2.31 consent element;
• compare consent with actual recipient, purpose, records, dates, and endpoint;
• narrow, secure, confirm, and log the exact disclosure; and
• conduct a fresh review after any authority, recipient, purpose, or scope change.

Kinship and estate involvement are not substitutes for verified personal-representative authority and a complete, decision-specific Part 2 consent.