§ 1013 [Holder of Psychotherapist-Patient Privilege Defined]

This rule explains who has the right to control the privacy between a patient and their therapist. In legal terms, this person is called the "holder of the privilege." This matters because the holder is the one who decides whether private therapy communications can be kept secret or shared in court.

If the patient can make their own decisions, the patient is the holder of this privilege. If the patient has a guardian or conservator because they cannot manage their own affairs, that guardian or conservator becomes the holder instead. And if the patient has died, the job passes to the patient's personal representative, usually the executor of their estate.

In short, this rule makes sure someone always has the authority to protect a patient's private therapy records, whether that person is the patient themselves, someone appointed to care for them, or someone handling their affairs after death.