Cooksey v. Landry

In some jurisdictions, the authority of a deceased patient’s representative to waive the psychiatrist-patient privilege in the event of the patient’s death is provided by statute.8 No express authority is found in Georgia for the waiver, by a deceased patient’s *437representative, of the evidentiary privilege afforded to communications between psychiatrist and patient. I am of the opinion that this Court should hold as a matter of public policy that, at least in the factual scenario presented in this case, the representative of the deceased patient should have the authority to act on behalf of…