The Public Guardian and Trustee's responsibilities as
an administrator of a deceased person's estate are also updated in order to reduce delay and expense to the estate.
Not exact matches
Under s. 38 (3)
of the Trustee Act, an action against an executor or
administrator of an estate for a wrong committed by a
deceased person must be brought within two years
of the date
of death.
Wrongful death claims may only be brought by the Executor
of the
deceased person's will or the
Administrator appointed by the court, if the
person died without a will.
If it's a promise made by the executor or
administrator of an estate to personally cover debts the
deceased person owed if the estate isn't large enough to cover them.
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 may be released upon the written request
of:
(3) With respect to
deceased persons, an executor,
administrator, or other
person authorized under applicable law to act on behalf
of the decedent's estate.
Comment: Several commenters urged that the proposed standard for
deceased individuals be clarified to allow access by a family member who has demonstrated a legitimate health - related reason for seeking the information when there is no executor,
administrator, or other
person authorized under applicable law to exercise the right
of access
of the individual.
During the two - year time frame, we proposed in the definition
of «individual» that the right to control the
deceased individual's protected health information would be held by an executor or
administrator, or other
person (e.g., next
of kin) authorized under applicable law to act on behalf
of the decedent's estate.
If under applicable law an executor,
administrator, or other
person has authority to act on behalf
of a
deceased individual or
of the individual's estate, a covered entity must treat such
person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.