Title 14, Decedents' Estates and Fiduciary Relations

§ 3067. Evaluation and report; background check; release of evaluation (a) When a petition is filed pursuant to section 3063 of this title, or when a motion for modification or termination is filed pursuant to subdivision 3077(a)(4) of this title, the court shall order an evaluat…

§ 3068. Hearing (a) The respondent, the petitioner, and all other persons to whom notice has been given pursuant to section 3064 of this title may attend the hearing and testify. The respondent and the petitioner may subpoena, present, and cross-examine witnesses, including those…

§ 3068a. Rights of a person under guardianship A person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and U.S. constitutions and all the laws and regulations of Vermont and the United States. These rights include:…

§ 3069. Powers of a guardian (a) If the court enters judgment pursuant to subsection 3068(f) of this title, it may appoint a guardian if it determines that the respondent is unable to manage, without the supervision of a guardian, any or all aspects of his or her personal care an…

§ 3071. Duties of guardian (a) The guardian shall maintain close contact with the person under guardianship and encourage maximum self-reliance on the part of the person under guardianship. (b) In addition to the powers vested in the guardian by the court pursuant to section 3069…

§ 3072. Guardians; individuals who may serve (a)(1) Competent individuals of at least 18 years of age may serve as guardians. (2) No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, resident…

§ 3073. Change of residential placement (a)(1) When a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title wishes to admit the person under guardianship to a nursing home or cha…

§ 3074. Commitment, sterilization, involuntary treatment, and involuntary medication Nothing in this chapter shall give the guardian of a person authority to: (1) place that person in a State school or hospital except pursuant to 18 V.S.A. § 7601 et seq. or 18 V.S.A. § 8801 et se…

§ 3075. Consent for medical or dental treatment (a) A person under guardianship retains the right to make medical and dental decisions unless that right has been restricted pursuant to subdivision 3069(c)(2) of this title. (b) A person whose right to make medical decisions has be…

§ 3076. Annual reports; final accounting; fees (a) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of the appointment. (b) The annual report shall contain: (1) a financial accounting as required by section 2921 of this tit…

§ 3077. Termination and modification of guardianship (a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the …

§ 3078. Annual notice to person in need of guardianship The appointing court shall send an annual notice to each person under guardianship and the counsel of record of each person under guardianship, advising the person under guardianship of his or her right to file a motion for …

§ 3079. Validity of prior guardianship All guardianships approved pursuant to section 2671 et seq. and section 2683 et seq. of this title prior to July 1, 1979 remain valid. On the first anniversary date of such guardianship after July 1, 1979, the court which approved such guard…

§ 3080. Appeals Orders of the court issued pursuant to the provisions of this subchapter may be appealed in such manner as provided in 12 V.S.A. § 2551 et seq. and Rule 72, Vermont Rules of Civil Procedure, provided, however, that any order issued pursuant to this subchapter shal…

§ 3081. Emergency temporary guardian pending final hearing on petition (a) When a petition for guardianship has been filed, but adherence to the procedures set out in this subchapter would cause serious and irreparable harm to the respondent’s physical health or financial interes…

§ 3091. Office of Public Guardian established (a) An Office of Public Guardian is established within the Department of Disabilities, Aging, and Independent Living for the purpose of making guardianship services available to mentally disabled persons 60 years of age or older for w…

§ 3092. Appointment of the Office of Public Guardian (a) The Office of Public Guardian may be nominated and appointed to serve as guardian, under subchapter 12 of this chapter, of a person who is 60 years of age or older if the court determines that there is no suitable private g…

§ 3093. Powers and duties of Public Guardian In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall: (1) Be considered a person interested in the welfare of the ward for purposes of f…

§ 3094. Duty to seek private guardian (a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Divi…

§ 3095. Statistics to be maintained The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following: (1) The number of wards for which the Office of Public Guardian was appointed during…

§ 3096. Office of Public Guardian to offer assistance (a) The Office of Public Guardian may provide assistance to private guardians: (1) To help them understand the disabilities of the person under guardianship. (2) To help them foster increased independence on the part of the pe…

§ 3098. Vulnerable noncitizen children (a) Definitions. As used in this subchapter: (1) “Child” or “children” means an unmarried individual or individuals who have not yet attained 21 years of age and who are not a U.S. citizen or citizens. (2) “Court” means any court that has ju…