New Law Makes it Easier for People Under Guardianship to Access Their Confidential Records 

People who are placed under guardianship will now keep the right to access their education, medical, banking, and other confidential records, unless doing so would be harmful.

Until now, losing access to these types of records was the default and it was often difficult to regain access once it was taken away. Beginning January 1, 2025, courts will be required to make specific findings before they remove an individual’s ability to access their own records.

Just like all adults, those under guardianship may want access to their confidential records for a variety of reasons.  Whether it be to review their health records to see whether they are making progress on health-related goals or to check their bank records to see how much money they have, access to records is vitally important.

The new law also provides a way for individuals already under guardianship to seek a court order granting them access to their records. These records may be needed to prove that an individual no longer needs a guardian – either because they are no longer incapacitated or because their needs can be met by an alternative to guardianship like supported decision-making.

If you need help gaining access to your records or have questions about guardianship, contact us for assistance.