Maine Revised Statutes Title 18-C. Probate Code § 5-308. Confidentiality of records

1. Matter of public record; exception. The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the records after:

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 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.

3. Reports confidential; availability. A report under section 5-304 of a visitor or a professional evaluation under section 5-306 is confidential and must be sealed on filing but is available to:

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 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.

4. Effective date. This section takes effect 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.