---
kind: "section"
citation: "20 C.F.R. § 401.75"
title: "20"
number: "401.75"
heading: "Rights of parents or legal guardians."
url: "https://uscodex.org/cfr/20/401.75"
---

# §401.75. Rights of parents or legal guardians.


For purposes of this part, a parent or guardian of any minor or the legal guardian of any individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction is authorized to act on behalf of a minor or incompetent individual. Except as provided in [§ 401.45](/cfr/20/401.45.md), governing procedures for verifying an individual's identity, and [§ 401.55(c)](/cfr/20/401.55.md?p=c) governing special procedures for notification of or access to a minor's medical records, if you are authorized to act on behalf of a minor or legal incompetent, you will be viewed as if you were the individual or subject individual.


## Notes

### Authority

Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.

### Source

Source: 62 FR 4143, Jan. 29, 1997, unless otherwise noted.