New Jersey Statutes 26:5C-12. Consent to disclose record of deceased, legally incapacitated person
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Terms Used In New Jersey Statutes 26:5C-12
- Executor: A male person named in a will to carry out the decedent
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
8. When consent is required for disclosure of the record of a deceased or legally incapacitated person who has or is suspected of having AIDS or HIV infection, consent may be obtained:
a. From an executor, administrator of the estate, or authorized representative of the legally incapacitated or deceased person;
b. From the person’s spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C. 26:8A-3), primary caretaking partner or, if none, by another member of the person’s family; and
c. From the commissioner in the event that a deceased person has neither an authorized representative or next-of-kin.
L.1989, c.303, s.8; amended 2003, c.246, s.30; 2013, c.103, s.74.