[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR1.465]

[Page 28]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec.  1.465  Incompetent and deceased patients.

    (a) Incompetent patients other than minors. In the case of a patient 
who has been adjudicated as lacking the capacity, for any reason other 
than insufficient age, to manage his or her own affairs, any consent 
which is required under Sec. Sec.  1.460 through 1.499 of this part may 
be given by a court appointed legal guardian.
    (b) Deceased patients--(1) Vital statistics. Sec. 1.460 through 
1.499 of this part do not restrict the disclosure of patient identifying 
information relating to the cause of death of a patient under laws 
requiring the collection of death or other vital statistics or 
permitting inquiry into the cause of death.
    (2) Consent by personal representative. Any other disclosure of 
information identifying a deceased patient as being treated for drug 
abuse, alcoholism or alcohol abuse, infection with the HIV, or sickle 
cell anemia is subject to Sec. Sec.  1.460 through 1.499 of this part. 
If a written consent to the disclosure is required, the Under Secretary 
for Health or designee may, upon the prior written request of the next 
of kin, executor/executrix, administrator/administratrix, or other 
personal representative of such deceased patient, disclose the contents 
of such records, only if the Under Secretary for Health or designee 
determines such disclosure is necessary to obtain survivorship benefits 
for the deceased patient's survivor. This would include not only VA 
benefits, but also payments by the Social Security Administration, 
Worker's Compensation Boards or Commissions, or other Federal, State, or 
local government agencies, or nongovernment entities, such as life 
insurance companies.
    (3) Information related to sickle cell anemia. Information related 
to sickle cell anemia may be released to a blood relative of a deceased 
veteran for medical follow-up or family planning purposes.

(Authority: 38 U.S.C. 7332(b)(3))