An Act Allowing
Maine Legislature, Session 132, LD 0966
Committee Amendment CA_A_H35 (House)
Amends: 18-C MRSA §5

COMMITTEE AMENDMENT "A" to H.P. 626, L.D. 966, "An Act Allowing 
Access by State Agencies and Hospitals to Certain Confidential Probate Court Records If 
the Access Is in the Public Interest" 
Amend the bill by striking out the title and substituting the following: 
'An Act Allowing Access by State Agencies and Hospitals to Certain Confidential 
Probate Court Records' 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 18-C MRSA §5-205, sub-§11 is enacted to read: 
11. Access for public interest purposes; confidentiality extended. Notwithstanding 
any provision of law to the contrary, an authorized employee or legal counsel of the 
following may access and review a probate court record related to a minor guardianship 
proceeding under this Article to carry out an official function, duty or responsibility in the 
public interest: 
A. The Department of Health and Human Services; 
B. The Office of the Attorney General; 
C. An agency designated by the Governor to provide protection and advocacy for 
persons with disabilities pursuant to Title 5, section 19502; and 
D. A hospital licensed under Title 22, chapter 404 or 405. 
A person that receives information or a record under this subsection may use the 
information or record only for the purpose for which accessing the information or record is 
intended and shall comply with ·any confidentiality law, rule or regulation limiting further 
disclosure of the information or record.' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 18-C MRSA §5-308, sub-§3-A is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\" to H.P. 626, L.D. 966 
3-A. Access for public interest purposes; confidentiality extended. An authorized 
employee or legal counsel of the following may access and review a probate court record 
related to an adult guardianship proceeding under this Article to carry out an official 
function, duty or responsibility in the public interest: 
A. The Department of Health and Human Services; 
B. The Office of the Attorney General; 
C. An agency designated by the Governor to provide protection and advocacy for 
persons with disabilities pursuant to Title 5, section 19502; 
D. A hospital licensed under Title 22, chapter 404 or 405; and 
E. A nonprofit organization that provides civil legal services to elderly residents of the 
State and that receives funding from the Maine Civil Legal Services Fund established 
in Title 4, section 18-A. 
A person that receives information or a record under this subsection may use the 
information or record only for the purpose for which accessing the information or record is 
intended and shall comply with any confidentiality law, rule or regulation limiting further 
disclosure of the information or record. 
Sec. 5. 18-C MRSA §5-308, sub-§4, as amended by PL 2023, c. 4, § 12, is further 
amended to read: 
4. Effective date. This section takes effect April 1, 2025 January 15, 2026 or on the 
effective date of amendments to the Maine Rules of Probate Procedure inc01:porating the 
substantive requirements of this section, whichever is earlier. 
The State Court 
Administrator shall notify the Secretary of State, the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes when amendments to the Maine 
Rules of Probate Procedure incorporating the substantive requirements of this section have 
taken effect.' 
Amend the bill by striking out all of section 8 and inserting the following: 
'Sec. 8. 18-C MRSA §5-409, sub-§3-A is enacted to read: 
3-A. Access for public interest purposes; confidentiality extended. An authorized 
employee or legal counsel of the following may access and review a probate court record 
related to a conservatorship proceeding under this Article to carry out an official function, 
duty or responsibility in the public interest: 
A. The Department of Health and Human Services; 
B. The Office of the Attorney General; 
C. An agency designated by the Governor to provide protection and advocacy for 
persons with disabilities pursuant to Title 5, section 19502; 
D. A hospital licensed under Title 22, chapter 404 or 405; and 
E. A nonprofit organization that provides civil legal services to elderly residents of the 
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State and that receives funding from the Maine Civil Legal Services Fund established 
in Title 4, section 18-A. 
A person that receives information or a record under this subsection may use the 
information or record only for the purpose for which accessing the information or record is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f'-._ "to H.P. 626, L.D. 966 
intended and shall comply with any confidentiality law, rule or regulation limiting further 
disclosure of the information or record. 
Sec. 9. 18-C MRSA §5-409, sub-§4, as amended by PL 2023, c. 4, §13, is further 
amended to read: 
4. Effective date. This section takes effect A.pFil 1, 2025 January 15, 2026 or on the 
effective date of amendments to the Maine Rules of Probate Procedure incorporating the 
substantive requirements of this section, whichever is earlier. 
The State Court 
Administrator shall notify the Secretary of State, the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes when amendments to the Maine 
Rules of Probate Procedure incorporating the substantive requirements of this section have 
taken effect. 1 
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. 18-C MRSA §5-511, sub-§3-A is enacted to read: 
3-A. Access for public interest purposes; confidentiality extended. An authorized 
employee or legal counsel of the following may access and review a probate court record 
related to a protective arrangement under this Article to carry out an official function, duty 
or responsibility in the public interest: 
A. The Department of Health and Human Services: 
B. The Office of the Attorney General; 
C. An agency designated by the Governor to provide protection and advocacy for 
persons with disabilities pursuant to Title 5, section 19502; 
D. A hospital licensed under Title 22, chapter 404 or 405: and 
E. A nonprofit organization that provides civil legal services to elderly residents of the 
State and that receives funding from the Maine Civil Legal Services Fund established 
in Title 4. section 18-A. 
A person that receives information or a record under this subsection may use the 
information or record only for the purpose for which accessing the information or record is 
intended and shall comply with any confidentiality law, rule or regulation limiting further 
disclosure of the information or record. 
Sec.13. 18-C MRSA §5-511, sub-§4, as amended by PL 2023, c. 4, §14, is further 
amended to read: 
4. Effective date. This section takes effect 1\.pril 1, 2025 January 15. 2026 or on the 
effective date of amendments to the Maine Rules of Probate Procedure incorporating the 
substantive requirements of this section, whichever is earlier. 
The State Court 
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Administrator shall notify the Secretary of State, the Secretary of the Senate. the Clerk of 
6 
the House of Representatives and the Revisor of Statutes when amendments to the Maine 
Rules of Probate Procedure incorporating the substantive requirements of this section have 
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taken eff ect.1 
Amend the bill by striking out all of section 13 and inserting the following: 
'Sec. 13. Rules. The Supreme Judicial Court shall adopt amendments to the Maine 
Rules of Probate Procedure to carry out the provisions of this Act. The amendments to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"(\ "to H.P. 626, L.D. 966 
Maine Rules of Probate Procedure must include provisions specifying, with respect to the 
Maine Revised Statutes, Title 18-C, section 5-205, subsection 11; section 5-308, subsection 
3-A; section 5-409, subsection 3-A; and section 5-511, subsection 3-A, referred to in this 
section as "the specified sections of the Maine Uniform Probate Code": 
1. How an entity or agency described in the specified sections of the Maine Uniform 
Probate Code shall designate an employee as authorized to access and to review probate 
court records to carry out an official function, duty or responsibility in the public interest; 
2. The process by which an entity or agency must communicate to the register of 
probate and any electronic filing system its designation of an employee who must have the 
ability to access and to review probate court records pursuant to the specified sections of 
the Maine Uniform Probate Code; and 
3. The process by which a register of probate shall provide access to individuals 
authorized to access probate court records pursuant to the specified sections of the Maine 
Uniform Probate Code. 
Sec. 14. Reports required. The Supreme Judicial Court shall submit an initial 
report to the Joint Standing Committee on Judiciary no later than May 1, 2025 and a 2nd 
report to the Joint Standing Committee on Judiciary no later than June 1, 2025, each of 
which must: 
1. Summarize the Supreme Judicial Court's progress toward adopting amendments to 
the Maine Rules of Probate Procedure as required by this Act; and 
2. Identify the estimated date by which those amendments to the Maine Rules of 
Probate Procedure required by this Act will take effect. 
The Joint Standing Committee on Judiciary may report out legislation in response to 
either report to any regular or special session of the 132nd Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It clarifies that only an authorized employee or legal counsel of the Department of 
Health and Human Services, the Office of the Attorney General, an agency designated by 
the Governor to provide protection and advocacy for persons with disabilities, a private 
mental hospital or a hospital may access confidential probate court records in adult or minor 
guardianship, conservatorship and protective arrangement proceedings if the access is to 
carry out an official function, duty or responsibility in the public interest. 
2. It permits an authorized employee or legal counsel of a nonprofit organization that 
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provides civil legal services to elderly residents of the State and that receives funding from 
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the Maine Civil Legal Services Fund to access confidential probate court records in adult 
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guardianship, conservatorship and protective arrangement proceedings if the access is to 
carry out an official function, duty or responsibility in the public interest. 
3. It delays the April 1, 2025 effective date of the statutes governing the confidentiality 
of records in adult and minor guardianship, conservatorship and protective arrangement 
proceedings. Under the amendment, these statutes take effect on January 15, 2026 or on 
COMMITTEE AMENDMENT 
COMMI'ITEE AMENDMENT" ~" to H.P. 626, L.D. 966 
the effective date of amendments to the Maine Rules of Probate Procedure incorporating 
the substantive requirements of this legislation, whichever is earlier. 
4. It directs the Supreme Judicial Court to specify, when it adopts amendments to the 
Maine Rules of Probate Procedure to carry out the provisions of this legislation, how an 
entity described in this legislation may designate an employee who must have the ability 
to access and to review probate court records to carry out an official function, duty or 
responsibility in the public interest; the process by which a register of probate shall ensure 
that an individual seeking access to probate court records is authorized to access those 
records; and the process by which the register shall provide access to those records. 
5. It requires the Supreme Judicial Court to submit reports by May 1, 2025 and by June 
1, 2025 describing the progress made toward adopting amendments to the Maine Rules of 
Probate Procedure to carry out the provisions of this legislation and identifying the 
estimated date by which those amended rules will take effect. 
COMMITTEE AMENDMENT