An Act Allowing Access by State Agencies and Hospitals to Certain
Maine Legislature, Session 132, LD 0966
Sponsors: KUHN, CARNEY
Amends: 18-C MRSA §5

Legislative Document
No. 966
H.P. 626
House of Representatives, March 11, 2025
An Act Allowing Access by State Agencies and Hospitals to Certain 
Confidential Probate Court Records If the Access Is in the Public 
Interest
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Received by the Clerk of the House on March 7, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative KUHN of Falmouth.
Cosponsored by Senator CARNEY of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, individuals in probate court proceedings involving adult guardianship, 
conservatorship and special arrangements have acute issues that need addressing; and
Whereas, state agencies and hospitals have limited ability to address these issues due 
to the inability to access confidential information and records involved in the proceedings; 
and
Whereas, the public interest requires prompt attention to these issues or the 
individuals and public interest may suffer harm or other adverse consequences; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §5-308, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Access to court records.  An adult subject of a proceeding for a guardianship, 
whether or not a guardian is appointed, any attorney designated by the adult and or 
appointed by the court to represent the adult, a person entitled to notice under section 5‑310, 
subsection 5 and a person listed under subsection 3-A are entitled to access court records 
of the proceeding and resulting guardianship, including a guardian's report or plan.  In 
addition, a person for good cause may petition the court for access to court records of the 
guardianship, including an annual report or guardian's plan.  The court shall grant access if 
access is in the best interest of the respondent or adult subject to guardianship or furthers 
the public interest and does not endanger the welfare or financial interest of the adult.
Sec. 2.  18-C MRSA §5-308, sub-§3, ¶D, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
D.  An agent appointed under a power of attorney for health care or advance health 
care directive, or power of attorney for finances in which the respondent is identified 
as the principal, unless the court orders otherwise; and
Sec. 3.  18-C MRSA §5-308, sub-§3, ¶D-1 is enacted to read:
D-1.  A person listed under subsection 3-A; and
Sec. 4.  18-C MRSA §5-308, sub-§3-A is enacted to read:
3-A.  Access for public interest purposes; confidentiality extended.  An 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; 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.
Sec. 5.  18-C MRSA §5-409, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Access to records.  An individual subject to a proceeding for a conservatorship, 
whether or not a conservator is appointed, an attorney designated by the individual and or 
appointed by the court to represent the individual, a person entitled to notice under section 
5‑411 or a subsequent order and a person listed under subsection 3-A are entitled to access 
court records of the proceeding and resulting conservatorship, including the conservator's 
plan and report.  In addition, a person for good cause may petition the court for access to 
court records of the conservatorship, including the conservator's plan and report.  The court 
shall grant access if access is in the best interest of the respondent or individual subject to 
conservatorship or furthers the public interest and does not endanger the welfare or 
financial interests of the respondent or individual.
Sec. 6.  18-C MRSA §5-409, sub-§3, ¶D, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
D.  An agent appointed under a power of attorney for finances in which the respondent 
is identified as the principal, unless the court orders otherwise; and
Sec. 7.  18-C MRSA §5-409, sub-§3, ¶D-1 is enacted to read:
D-1.  A person listed under subsection 3-A; and
Sec. 8.  18-C MRSA §5-409, sub-§3-A is enacted to read:
3-A.  Access for public interest purposes; confidentiality extended.  An 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; 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.
Sec. 9.  18-C MRSA §5-511, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Access to records.  A respondent, an individual subject to a proceeding for one or 
more protective arrangements instead of guardianship or conservatorship, an attorney 
designated by the respondent or individual, an attorney appointed by the court to represent 
the respondent or individual, a parent of a minor subject to one or more protective 
arrangements, a person listed under subsection 3-A and any other person the court 
determines are entitled to access court records of the proceeding and resulting protective 
arrangement.  A person not otherwise entitled to access to court records under this 
subsection may petition the court for access.  The court shall grant access if access is in the 
best interest of the respondent or individual subject to the protective arrangements or 
furthers the public interest and does not endanger the welfare or financial interests of the 
respondent or individual.
Sec. 10.  18-C MRSA §5-511, sub-§3, ¶E, as enacted by PL 2017, c. 402, Pt. A, 
§2 and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
E.  If the order is for one or more protective arrangements instead of guardianship and 
unless the court directs otherwise, an agent appointed under a power of attorney for 
health care in which the respondent is identified as the principal; and
Sec. 11.  18-C MRSA §5-511, sub-§3, ¶E-1 is enacted to read:
E-1.  A person listed under subsection 3-A; and
Sec. 12.  18-C MRSA §5-511, sub-§3-A is enacted to read:
3-A.  Access for public interest purposes; confidentiality extended.  An 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; 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.
Sec. 13.  Rules.  The Supreme Judicial Court shall adopt rules to carry out the 
provisions of this Act.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect April 1, 2025 except for that section of this Act that requires rulemaking by the 
Supreme Judicial Court, which takes effect when approved.
SUMMARY
This bill allows employees and legal counsel of the Department of Health and Human 
Services, the Office of the Attorney General, agencies designated by the Governor to 
provide protection and advocacy for persons with disabilities, private mental hospitals and 
hospitals access to confidential probate court records in adult guardianship, conservatorship 
and protective arrangement proceedings if the access is to carry out an official function, 
duty or responsibility in the public interest.