Who holds privilege over a deceased client's treatment notes?

In matters of privilege over a deceased client's treatment notes, the executor designated in the client's will holds this privilege. This is because the executor is legally appointed to manage the deceased's estate and is responsible for making decisions regarding their affairs, including any confidential information such as therapy notes. The executor's role allows them to act in the interests of the deceased, ensuring that their wishes, as specified in their will, are honored.

This legal structure respects the autonomy and confidentiality of the client even after death, giving the executor authority over the management of the client’s private records. While therapists and legal representatives have their roles and responsibilities, they do not possess the same level of privilege regarding access to treatment notes once the client has passed away. Family members may not automatically have the right to access this information, as access is contingent upon the directives established by the deceased through legal documentation, making the executor the key holder of this privilege.