Revision: Feb. 11, 2022, 10:24 a.m.
Rep. Chase, Straf. 18
January 24, 2022
2022-0230h
05/04
Amendment to HB 1325
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:
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.
2022-0230h
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.