HB 1325 - AS AMENDED BY THE HOUSE
10Mar2022... 0230h
2022 SESSION
22-2532
05/10
HOUSE BILL 1325
AN ACT relative to release of confidential records of a person appointed a guardian.
SPONSORS: Rep. P. Schmidt, Straf. 19
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill provides that a person appointed a guardian shall retain the right to access and consent to the release of his or her confidential records unless the terms of the appointment provide otherwise. The bill also provides that the guardian shall provide records to the ward so that the ward may pursue a termination of guardianship request unless the court determines release of such records would be harmful to the ward.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2022... 0230h 22-2532
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to release of confidential records of a person appointed a guardian.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardians and Conservators; Findings; Release of Confidential Records. Amend RSA 464-A:9, IV to read as follows:
IV. No person determined to be incapacitated thus requiring the appointment of a guardian of the person and estate, or the person, or the estate, shall be deprived of any legal rights, including the right to marry, to obtain a motor vehicle operator's license, to testify in any judicial or administrative proceedings, to make a will, to convey or hold property, [or] to contract, or to have access to or to grant release of his or her confidential records and papers, including medical records, except upon specific findings of the court. The court shall enumerate in its findings which legal rights the proposed ward is incapable of exercising.
2 Guardians and Conservators; Termination of Guardianship; Release of Records to Ward. Amend RSA 464-A:40, II(c) to read as follows:
(c) The guardian shall provide medical, financial, or other records to the ward upon the ward’s request so that the ward may prepare and pursue a guardianship termination motion or request. The guardian may file a petition with the court for an order permitting the guardian to withhold such records based on a finding that the records would not be relevant to the termination of the guardianship or that their release to the ward would be harmful to the interests of the ward. The guardian shall bear the burden of establishing to the court that the records should not be released to the ward.
(d) Unless the motion is without merit, the court shall hold a hearing similar to that provided for in RSA 464-A:8 and RSA 464-A:9 at which the guardian shall be required to prove that the grounds for appointment of a guardian provided in RSA 464-A:9 continue to exist.
3 Effective Date. This act shall take effect January 1, 2023.
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2022 | House | Hearing |
| Jan. 13, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 7, 2022 | Senate | Hearing |
April 14, 2022: Refer to Interim Study, MA, VV; 04/14/2022; SJ 8
April 7, 2022: Committee Report: Referred to Interim Study, 04/14/2022; Vote 5-0; CC; SC 15
March 30, 2022: Hearing: 04/07/2022, Room 100, SH, 01:15 pm; SC 14
March 15, 2022: Introduced 02/24/2022 and Referred to Judiciary; SJ 5
March 11, 2022: Ought to Pass with Amendment 2022-0230h: MA VV 03/10/2022 HJ 5
March 11, 2022: Amendment # 2022-0230h: AA VV 03/10/2022 HJ 5
Feb. 14, 2022: Committee Report: Ought to Pass with Amendment # 2022-0230h (Vote 21-0; CC)
Feb. 14, 2022: Executive Session: 01/13/2022 01:30 pm LOB 206-208
Jan. 8, 2022: Public Hearing: 01/13/2022 01:30 pm LOB 206-208
Nov. 20, 2021: Introduced 01/05/2022 and referred to Judiciary