New Hampshire House Bill HB343

New Hampshire 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Report Pass: 2/16/23
• Engrossed: 3/7/23
• Refer: 3/7/23
• Report DNP: 5/10/23

Caption

Relative to release of confidential records of a person appointed a guardian.

Impact

The changes proposed in HB 343 could significantly affect how guardianship is handled in the state, particularly regarding the access to and control over confidential records like medical and financial documents. If implemented, the law would ensure that guardians must provide requested records to the wards within ten days unless a court determines otherwise, enhancing the wards' autonomy and rights. This could lead to more accountability in the guardianship process and empower individuals who may feel marginalized under current laws.

Summary

House Bill 343 seeks to amend the guardianship statutes in New Hampshire, specifically focusing on the rights of individuals appointed guardians. The bill stipulates that a person who has been appointed a guardian retains the right to access and consent to the release of his or her confidential records unless a court specifically orders otherwise. This amendment addresses concerns about the rights of wards and aims to enhance the transparency of guardian practices.

Contention

There are potential points of contention regarding the bill, particularly around the balance between protecting the wards' rights and ensuring their wellbeing. Critics may argue that this shift places additional burdens on guardians, who must navigate the complexities of the legal permissions needed to restrict access to records if deemed necessary. Additionally, the requirement for guardians to file a petition for any denial of access to a ward's records could lead to increased legal disputes and strain on the court system, particularly if objections arise from interested parties.

Additional_notes

The bill also allows wards to request the termination of a guardianship or modifications to their records access if they believe they are no longer incapacitated. This provision aims to enable wards to reclaim their legal rights and foster independence, which has garnered attention among advocacy groups concerned with wards' rights and agency.