Who is authorized to claim privilege on behalf of a patient?

In the context of psychological practice and confidentiality laws, the individual authorized to claim privilege on behalf of a patient is typically the patient themselves. However, in certain legal proceedings or circumstances, an attorney may be empowered to assert the privilege on behalf of the patient, particularly if the patient is unable to do so due to incapacity or legal constraints. This underscores the attorney’s role in protecting the patient's confidentiality during legal matters.

The privilege is intended to encourage open communication between the patient and their psychologist; therefore, legal representatives can step in to maintain this confidentiality when the patient may not be in a position to express it for themselves. It’s important to note that an attorney must act in the best interests of the patient regarding this privilege.

Family members and friends generally do not have the authority to claim privilege on behalf of the patient unless specified by a legal document or circumstance. Their involvement is limited since patient confidentiality primarily exists between the patient and the psychologist.