Current through the 2024 Regular Session
Section 93-20-307 - Confidentiality of records(1) An adult subject to a proceeding for a guardianship, an attorney designated by the adult, and a person entitled to notice either under Section 93-20-309(4) or a court order may access court records of the proceeding and resulting guardianship, including the guardian's plan under Section 93-20-315 and guardian's well-being report under Section 93-20-316. A person not otherwise entitled to access court records under this subsection may petition the court for access to court records of the guardianship, including the guardian's report and plan, for good cause. The court shall grant access if access is in the best interest of the respondent or ward or furthers the public interest and does not endanger the welfare or financial interests of the respondent or ward.(2) A report under Section 93-20-304 of a guardian ad litem or a professional evaluation under Section 93-20-305 may be considered confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file will remain available to:(b) The individual who is the subject of the report or evaluation, without limitation as to use;(c) The petitioner, guardian ad litem, and petitioner's and respondent's attorneys, for purposes of the proceeding;(d) Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.