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MaineLD 966132nd Maine Legislature (2025-2026)House

An Act Allowing Access by State Agencies and Hospitals to Certain Confidential Probate Court Records

Sponsored By: Amy Kuhn (Democratic)

Signed by Governor

PROBATEPROBATE - PROCEEDINGS

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Court sets access rules and reports

The Supreme Judicial Court must adopt rules to carry out these access changes. The rules must say how entities name authorized employees, how to tell the register of probate and the e-filing system, and how the register grants access. This rulemaking takes effect when the Court approves the rules. The Court must also report progress to the Judiciary Committee by May 1, 2025 and again by June 1, 2025, with expected effective dates.

Agencies can access adult guardianship records

Starting January 15, 2026, or earlier if court rules take effect sooner, access expands to adult cases. Authorized staff of the Health and Human Services Department, the Attorney General’s Office, the Governor-designated disability protection agency, and licensed hospitals can view adult guardianship, conservatorship, and protective-arrangement records. Nonprofit legal aid groups that serve older residents and receive money from the Maine Civil Legal Services Fund also get access. Court-appointed attorneys and people named under the new subsection 3-A may access records. Access is only for official public-interest work, and all confidentiality limits still apply.

Agencies can access minor guardianship records

Beginning April 1, 2025, certain state agencies and licensed hospitals can view confidential minor guardianship court records. The Department of Health and Human Services, the Attorney General’s Office, the Governor-designated disability protection agency, and hospitals may access records. They can use records only to do an official public-interest duty. They must follow all confidentiality limits and may not share the records beyond what the law allows.

Sponsors & Cosponsors

Sponsor

  • Amy Kuhn

    Democratic • House

Cosponsors

  • Anne M. Carney

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by Governor, ACTPUB Chapter 18

    4/1/2025

  2. PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.

    4/1/2025Senate

  3. This being an emergency measure, a two-thirds vote of all the members elected to the House was necessary.PASSED TO BE ENACTED.Sent for concurrence. ORDERED SENT FORTHWITH.

    4/1/2025House

  4. Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-35) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-35), in concurrence.Ordered sent down forthwith.

    4/1/2025Senate

  5. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-35).Sent for concurrence. ORDERED SENT FORTHWITH.

    4/1/2025House

  6. Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025House

  7. Received by the Clerk of the House on March 7, 2025.The Bill was REFERRED to the Committee on JUDICIARY pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.

    3/7/2025House

Bill Text

  • Amendment C-A (H-35), adopted by House & Senate

    PDF

  • Enacted

    PDF

  • Introduced

    PDF

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