APPROVED CHAPTER
APRIL 1, 2025 18
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 626 - L.D. 966
An Act Allowing Access by State Agencies and Hospitals to Certain
Confidential Probate Court Records
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 §5-205, 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.
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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. 2. 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. 3. 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. 4. 18-C MRSA §5-308, sub-§3, ¶D-1 is enacted to read:
D-1. A person listed under subsection 3-A; and
Sec. 5. 18-C MRSA §5-308, 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 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. 6. 18-C MRSA §5-308, sub-§4, as amended by PL 2023, c. 4, §12, is further
amended to read:
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 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 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.
Sec. 7. 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. 8. 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. 9. 18-C MRSA §5-409, sub-§3, ¶D-1 is enacted to read:
D-1. A person listed under subsection 3-A; and
Sec. 10. 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
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.
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 Sec. 11. 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 April 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.
Sec. 12. 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. 13. 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. 14. 18-C MRSA §5-511, sub-§3, ¶E-1 is enacted to read:
E-1. A person listed under subsection 3-A; and
Sec. 15. 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.
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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. 16. 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 April 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.
Sec. 17. 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
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. 18. 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.
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.
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Statutes affected:
Bill Text LD 966, HP 626: 18-C.5
Bill Text ACTPUB , Chapter 18: 18-C.5