---
kind: "section"
citation: "45 C.F.R. § 5b.10"
title: "45"
number: "5b.10"
heading: "Parents and guardians."
url: "https://uscodex.org/cfr/45/5b.10"
---

# §5b.10. Parents and guardians.


For the purpose of this part, a parent or guardian of any minor or the legal guardian or 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 an individual or a subject individual. Except as provided in [paragraph (b)(2)](/cfr/45/5b.5.md?p=b-2) of § 5b.5, of this part governing procedures for verifying an individual's identity, and paragraph (c) (2) of [§ 5b.6](/cfr/45/5b.6.md) of this part governing special procedures for notification of or access to a minor's medical records, an individual authorized to act on behalf of a minor or legal incompetent will be viewed as if he were the individual or subject individual.


## Notes

### Authority

Authority: 5 U.S.C. 301, 5 U.S.C. 552a.

### Source

Source: 40 FR 47409, Oct. 8, 1975, unless otherwise noted.