California Law and Ethics Practice Exam

According to California Evidence Code, who holds privilege when there is no guardian or conservator?

1. The therapist

2. The individual who made the request

3. The patient

4. The healthcare provider

The correct answer is: The patient

The correct choice is the patient, as California Evidence Code specifies that the privilege belongs to the patient when it comes to communications made in a therapeutic setting, especially when there is no guardian or conservator involved to represent the individual's interests. This privilege serves to ensure that confidential communications between the patient and therapist remain protected, thereby fostering an environment of trust that encourages open dialogue in therapy sessions. In cases where no guardian or conservator is appointed, the patient maintains sole control over the privilege. This means that they have the right to determine whether the information shared with the therapist can be disclosed to others. This legal framework underscores the importance of patient autonomy and confidentiality in healthcare settings, promoting the protection of sensitive information. While other parties such as therapists, healthcare providers, or individuals who made the request may be involved in the therapeutic process, they do not hold the privilege. Instead, the privilege is specifically designated to the patient, reinforcing the core principles of confidentiality and respect for the individual's rights within the therapeutic relationship.