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

§ 3155. Cooperation between courts (a) In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evide…

§ 3156. Taking testimony in another state (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimon…

§ 3161. Definitions; significant connection factors (a) In this subchapter: (1) “Emergency” means a circumstance that likely will result in serious and irreparable harm to a respondent’s physical health, safety, or welfare, and for which the appointment of a guardian is necessary…

§ 3162. Exclusive basis This subchapter provides the exclusive jurisdictional basis for a Probate Division of the Superior Court of this State to appoint a guardian or issue a protective order for an adult. The Probate Division of the Superior Court shall have exclusive original …

§ 3163. Jurisdiction A Probate Division of the Superior Court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this State is the respondent’s home state; (2) on the date the petition is filed, this State is a significant-co…

§ 3164. Special jurisdiction (a) A Probate Division of the Superior Court of this State lacking jurisdiction under section 3163 of this title has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respond…

§ 3165. Exclusive and continuing jurisdiction Except as otherwise provided in section 3164 of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive jurisdiction over the proceeding until jurisdiction is terminate…

§ 3166. Appropriate forum (a) A Probate Division of the Superior Court of this State having jurisdiction under section 3163 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of anothe…

§ 3167. Jurisdiction declined by reason of conduct (a) If at any time a Probate Division of the Superior Court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to …

§ 3168. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, the petitioner shall comply with the notice requirements …

§ 3169. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a…

§ 3171. Transfer of guardianship or conservatorship to another state (a) A guardian or conservator appointed in this State may petition the Probate Division of the Superior Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subs…

§ 3172. Accepting guardianship transferred from another state (a) To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to section 3171 of this title, the guardian or conservator must petition the Probate Division of the Super…

§ 3181. Registration of guardianship orders If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to regi…

§ 3182. Registration of protective orders If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, m…

§ 3183. Effect of registration (a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining action…

§ 3184. Conveyance by guardian appointed by foreign jurisdiction (a) A conveyance of an interest in Vermont real property by a guardian appointed by a foreign court for a person 18 years of age or older is valid, provided that: (1) the conveyance is authorized by a foreign court …

§ 3191. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2011, No. 56, § 25.)

§ 3192. Relation to electronic signatures in global and National Commerce Act This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede section 101(c) of …

§ 3193. Transitional provision (a) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2011. (b) Subchapters 1, 3, and 4 of this chapter and sections 3191 and 3192 of this title apply to proceedings begun before July 1, 2011, regardless of wh…