Title 14, Title 14: Decedents' Estates and Fiduciary Relations

§ 2623. Petition for guardianship of minor; service (a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state: (1) the names and address…

§ 2624. Jurisdiction; transfer to Family Division (a) Except as provided in subsection (b) of this section, the Probate Division shall have exclusive jurisdiction over proceedings under this article involving guardianship of minors. (b)(1)(A) A custodial minor guardianship procee…

§ 2625. Hearing; counsel; guardian ad litem (a) The Probate Division shall schedule a hearing upon the filing of the petition and shall provide notice of the hearing to all parties and interested persons who were provided notice under subdivision 2623(b)(1) of this title. (b) The…

§ 2626. Consensual guardianship (a) If the petition requests a consensual guardianship, the petition shall include a consent signed by the custodial parent or parents verifying that the parent or parents understand the nature of the guardianship and knowingly and voluntarily cons…

§ 2626a. Consensual standby guardianship (a)(1) If the petition requests a consensual standby guardianship, the petition shall include or be accompanied by a consent signed by the custodial parent attesting that the custodial parent understands the nature of the standby guardians…

§ 2627. Nonconsensual guardianship (a) If the petition requests a nonconsensual guardianship, the burden shall be on the proposed guardian to establish by clear and convincing evidence that the child is a child in need of guardianship as defined in subdivision 2622(2)(B) of this …

§ 2628. Guardianship order (a) If the court grants a petition for guardianship of a child under subsection 2626(d), 2626a(d), or 2627(d) of this title, the court shall enter an order establishing a guardianship and naming the proposed guardian as the child’s guardian. (b) A guard…

§ 2629. Powers and duties of guardian (a) The court shall specify the powers and duties of the guardian in the guardianship order. (b) The duties of a custodial guardian shall include the duty to: (1) take custody of the child and establish the child’s place of residence, provide…

§ 2630. Parent-child contact (a) The court shall order parent-child contact unless it finds that denial of parent-child contact is necessary to protect the physical safety or emotional well-being of the child. Except for good cause shown, the order shall be consistent with any ex…

§ 2631. Reports; review hearing (a) The guardian shall file an annual status report to the Probate Division pursuant to subdivisions 2629(b)(4) and 2629(c)(5) of this title, and shall provide copies of the report to each parent at his or her last known address. The court may orde…

§ 2632. Termination (a) A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the Probate Division that issued the guardianship order and served on all parties and interested persons. (b)(1) If the motion to terminate is made with resp…

§ 2633. Appeals Notwithstanding 12 V.S.A. § 2551 or 2553, the Vermont Supreme Court shall have appellate jurisdiction over orders of the Probate Division issued under this article. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)

§ 2634. Department for Children and Families policy The Department for Children and Families shall adopt a policy defining its role with respect to families who establish a guardianship under this article. The policy shall be consistent with the following principles: (1) The Fami…

§ 2641. Parents as joint guardians If competent, the father and mother of a legitimate minor child shall be joint guardians of such child. If competent, the surviving parent shall be the sole guardian.

§ 2643. Release by court and parent on behalf of minor (a) The Superior judge of the Superior Court within and for the county where the minor resides, on behalf of a minor, must approve of and consent to a release to be executed by a parent in the settlement of any claim that doe…

§ 2644. Child of unmarried woman An unmarried woman who bears a child shall be guardian of such child until another is appointed. (Amended 1987, No. 174 (Adj. Sess.), § 3.)

§ 2647. For minor interested in an estate When notice is required to be given to a minor interested in an estate, as heir, devisee, or legatee, or representative of either, a guardian of the minor shall be appointed before the notice is given. Before any part of the estate is ass…

§ 2648. Parent may be appointed guardian When a parent is authorized to act as guardian and the appointment of a guardian is required, such parent may be appointed if approved by the court.

§ 2649. Guardian appointed for nonresident minor On the petition of a minor, not a resident of this State, or a person interested in the welfare of the minor, the court may appoint a guardian of the minor when it appears that the minor owns or has an interest in real estate situa…

§ 2650. Minor’s choice of guardian Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court, and may appear before the court or before a Superior judge and make their choi…

§ 2652. Choice of another guardian by minor A person appointed guardian of a minor shall continue to be such until another is appointed. After the minor arrives at the age of 14 years, he or she may, from time to time, choose and have appointed another guardian.

§ 2654. Control over property in another state A guardian appointed by a Probate Division of the Superior Court in this State shall have the same power and authority to take possession of, manage, sell and convey personal property and real estate of his or her ward, situate in an…

§ 2655. Parent may have custody of person Either parent may have the custody of the person and care of the education of the minor, if the court, at the time of appointing a guardian of the minor, deems the parent to be competent and suitable for that purpose. If the court deems a…

§ 2656. Guardian appointed by will By a last will, either parent may appoint guardians for minor children, or for children, regardless of age, who are judicially determined to be in need of guardianship under the provisions of this chapter, whether living at the time of making th…

§ 2657. Guardian ad litem Nothing in this chapter shall take away the power of a court to appoint a guardian to defend the interests of a minor impleaded in such court, or interested in an action or matter therein pending, or its power to appoint or allow a person, as next friend…

§ 2658. Powers of guardian A guardian for a minor appointed by Probate Division of the Superior Court, as provided in this chapter, in the name and right of his or her ward, may receive, sue for, and recover debts and demands due to the ward. He or she may maintain and defend act…

§ 2659. Financial guardianship; minors (a) The Probate Division may appoint a financial guardian for a minor pursuant to this section if the minor is the owner of real or personal property. A financial guardian appointed pursuant to this section shall have the care and management…

§ 2660. Statement of legislative intent (a) The creation of a permanent guardianship for minors provides the opportunity for a child, whose circumstances make returning to the care of the parents not reasonably possible, to be placed in a stable and nurturing home for the duratio…

§ 2661. Definitions For the purposes of this article: (1) “Best interests of the child” means a determination, based on consideration of all relevant factors and available options, of circumstances that will best provide the child with at a minimum all the following: (A) Adequate…

§ 2662. Permanent guardian; rights and obligations (a) A permanent guardian shall have parental rights and responsibilities for the child that include: (1) Providing the child with: (A) A healthy and safe living environment and daily care. (B) Education. (C) Necessary and appropr…

§ 2663. Parent of the minor; rights and obligations; support (a) While a permanent guardianship is in effect, the parent shall have the following rights: (1) Visitation, contact and information to the extent delineated in the order issued by the family division of the superior co…

§ 2664. Creation of permanent guardianship (a) The Family Division of the Superior Court may establish a permanent guardianship at a permanency planning hearing or at any other hearing in which a permanent legal disposition of the child can be made, including a child protection p…

§ 2665. Reports The permanent guardian shall file a written report on the status of the child to the Probate Division of the Superior Court annually pursuant to subdivision 2629(b)(6) of this title and at any other time the court may order. (Added 1999, No. 162 (Adj. Sess.), § 2;…

§ 2666. Modification; termination (a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, the child if the child is age 14 or older, or the Commissioner for Children and Families. A modification or termination may also be ordere…

§ 2667. Order for visitation, contact, or information; immediate harm to the minor (a) The Probate Division of the Superior Court shall have exclusive jurisdiction to hear any action to enforce, modify, or terminate the initial order issued by the Family Division of the Superior …

§ 2671. Voluntary guardianship (a) Any person of at least 18 years of age, who desires assistance with the management of his or her affairs, may file a petition with the Probate Division of the Superior Court requesting the appointment of a guardian. (b) The petition shall: (1) s…

§ 2681. Spendthrift, defined The word “spendthrift” shall be held to include every person who is liable to be put under guardianship on account of excessive drinking, gambling, idleness, or debauchery.

§ 2684. Spendthrift; hearing; notice When a petition is filed for the appointment of a guardian under section 2682 of this title, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended …

§ 2685. Decree; appeal On hearing the parties interested, the court shall make decree in the premises as appears just. The person complained of may appeal from such decree without giving bond, but during the pendency thereof, the person so appointed shall act as guardian.

§ 2687. Expense of resisting application When the Probate Division of the Superior Court appoints a guardian for a spendthrift or a mentally disabled person, it may allow for the expenses of the ward in defending against the petition such sum out of the ward’s estate as appears t…

§ 2690. Guardian to give notice that ward’s contracts and transfers will be void As soon as possible after appointment, the guardian of a spendthrift shall give notice of the appointment as provided by the Rules of Probate Procedure and shall give similar notice that contracts ma…

§ 2691. Spouse to support and have custody The appointment of a guardian for a person who is married shall not relieve the ward’s spouse from liability to support the spouse, nor shall it deprive the spouse of the custody of the ward provided the spouse is suitable and competent …

§ 2692. Extent of guardian’s control Until they are legally discharged, guardians of spendthrifts shall have the possession and management of the estates of their wards. (Amended 1979, No. 76, § 19.)

§ 2693. Married woman may be guardian A married woman may be appointed guardian of her husband or of any other person under the provisions of this chapter and, when so appointed, shall have the same rights, powers, and privileges and be subject to the same liabilities as if she w…

§ 2711. Nonresidents; powers of guardian When on the petition of a nonresident person, or other person interested in the welfare of that person, it appears that the person owns or has an interest in real or personal estate situated in this State, and that the person, if a residen…

§ 2712. Hearing When petition is made for the appointment of a guardian under section 2711 of this title, the Probate Division of the Superior Court shall proceed under the Rules of Probate Procedure as in cases of the appointment of guardians of resident mentally disabled person…