An Act Allowing Access by State Agencies and Hospitals to Certain Confidential Probate Court Records
Sponsored By: Amy Kuhn (Democratic)
Became Law
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Agencies and hospitals get probate access
The law lets certain public groups see confidential probate records to protect people. They include the health department (DHHS), the Attorney General, the disability protection and advocacy agency, licensed hospitals, and a nonprofit legal aid group funded to serve older Mainers. They can use records only for official duties and must follow all privacy laws. For minor guardianship cases, access starts April 1, 2025. For adult guardianship, conservatorship, and protective arrangements, access starts when court probate rules are updated, and no later than January 15, 2026.
More people can see probate records
The law widens who can see court records in guardianship, conservatorship, and protective-arrangement cases. People named in the law may see records, including plans and reports. Agents named in a health care directive or a financial power of attorney may see records unless the court orders otherwise. Others can ask the court for access; the court must allow it when it helps the person or the public and does not harm the person’s welfare or money. These changes take effect when court probate rules are updated, and no later than January 15, 2026.
Court rules and start dates for access
Most of this law takes effect April 1, 2025. The access changes for adult guardianship, conservatorship, and protective arrangements start when the Maine probate rules are updated, or by January 15, 2026, whichever comes first. The Supreme Judicial Court must write rules that say how agencies name authorized staff and how registers of probate give access. The Court must report progress to the Judiciary Committee by May 1, 2025 and again by June 1, 2025.
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
ACTPUB Chapter 18
5/1/2026PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.
4/1/2025SenateThis 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.
4/1/2025HouseReport 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.
4/1/2025SenateCONSENT 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.
4/1/2025HouseCarried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
3/21/2025HouseReceived 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
Enacted
Engrossed
Introduced
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