Revision: Jan. 9, 2023, 3:13 p.m.
HB 343 - AS INTRODUCED
2023 SESSION
23-0026
04/10
HOUSE BILL 343
AN ACT relative to release of confidential records of a person appointed a guardian.
SPONSORS: Rep. Schmidt, Straf. 14
COMMITTEE: Judiciary
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0026
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
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 Effective Date. This act shall take effect January 1, 2024.