Privacy Protections on Probate Cases
Maine generally protects as confidential reports of a visitor and professional evaluations by a medical practitioner. However, these reports and the court records of the guardianship can be accessed under certain circumstances.
As of January 1, 2023, a report of a visitor or a professional evaluation by a medical practitioner is confidential and must be sealed on filing, but is available to:
(1) the court;
(2) the subject of the report or evaluation;
(3) the petitioner, visitor and petitioner’s and respondent’s attorneys, for purposes of the proceeding;
(4) an agent appointed for health care or for finances; and
(5) other persons when this is in the public interest or for a purpose the court orders for good cause.
The court shall also grant access to court records of the guardianship, including an annual report or guardian’s plan, if a person for good cause petitions the court for access and access is in the best interest of the protected person or furthers the public interest and does not endanger the adult’s welfare or financial interest.