MUPC Article V procedural outline - C. Impoundment

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. Guardianship and Conservatorship files should continue to be accessible to the public with the exception of medical information as set forth in Standing Order 0109: Impoundment of Personal Medical Information. This continues the practice of impounding Medical Certificates and Clinical Team Reports as was required by Standing Order 0508 which is deleted and replaced to include additional documents. Standing Order 0109 expands the documents being impounded to include treatment plans and medical affidavits.
2. A Petitioner, surrogate or other interested person may seek restriction of access to any particular pleading or document or to the entire file at any time under Trial Court Rule VIII. In considering whether to restrict access to information in a protective proceeding, the court should consider:
   1. The preference of the individual under protective proceedings, including:
      1. stated preferences about access while competent or, in the absence of specific statements, general preferences about privacy and accountability;
      2. the individual’s physical and mental condition;
      3. the relationship of the proposed surrogate to the individual;
      4. any history of management of the individual’s person and estate by the surrogate or other third parties;
      5. interests if access is allowed;
      6. any other concerns that would affect the individual’s preference.
   2. The rights and interests of third persons, including:
      1. the relationship of the third person to the individual;
      2. the nature and extent of the third person’s personal or financial interest in the matter;
      3. the potential effect on the individual’s interests if access is restricted or allowed;
   3. The interest of the general public in having access to the information.
3. If a case is being dismissed and no Decree has ever entered (Temporary or Permanent), the entire file should be impounded.