Who typically holds the confidentiality privilege for a therapy client's information after the client's death?

Prepare for the LPCC Law and Ethics Test 2. Use flashcards and multiple-choice questions with explanations. Enhance your understanding of ethics and legal standards for effective counseling practice.

Confidentiality privilege over a therapy client’s communications is a right that survives death, and after death the authority to waive or restrict disclosure passes to the client’s personal representative. This is usually the executor or administrator of the estate who is legally designated to handle the deceased’s affairs. That person can decide whether therapy records or confidential communications may be released, kept confidential, or restricted, in line with the will and applicable laws. Because of this, the client’s representative is the correct answer: they stand in the deceased client’s stead to control the disclosure of privileged information. The therapist remains bound by confidentiality unless the required consent, court order, or legal exception is met. The estate lawyer or a recording secretary do not hold the privilege themselves; they may be involved in related tasks, but they do not control the privilege.