Current through the 2024 Regular Session
Section 93-20-409 - Confidentiality of records(1) An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under Section 93-20-419 and the conservator's report under Section 93-20-423. A person not otherwise entitled to access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court must 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 individual.(2) A report under Section 93-20-405 of a guardian ad litem or professional evaluation under Section 93-20-407 may be confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file shall 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 directs otherwise, a person appointed under a power of attorney for finances in which the respondent is identified as 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.