Title 14, Decedents Estates and Fiduciary Relations

§ 2961. Previous acts confirmed and compensation allowed, on being lawfully appointed If a person who has acted as guardian under an appointment void or voidable by reason of the incapacity of the judge or register of probate to make such appointment, shall afterwards be lawfully…

§ 2962. Good faith A person who has acted in good faith as guardian under an appointment void or voidable may render an account as guardian to the court in which the proceeding is pending. If it appears that the person accepted and acted under appointment in good faith and has ex…

§ 2963. Conveyances valid When the acts of a guardian under a void or voidable appointment are confirmed, as provided in sections 2961 and 2962 of this title, all sales of the real estate of the supposed ward previously made under a license issued by the Probate Division of the S…

§ 2964. Bond A bond given to a Probate Division of the Superior Court by a guardian under a void or voidable appointment shall be valid. If he or she is appointed guardian, as provided in section 2961 of this title, a new bond need not be required, if, in the opinion of the Proba…

§ 3001. Removal; resignation; marriage of guardian; vacancies If a guardian for a minor neglects to render an account as required by the Vermont Rules of Probate Procedure or to appear, or to perform an order or decree of the Probate Division of the Superior Court, or absconds or…

§ 3002. Minor ward’s marriage; exception The marriage of a minor under guardianship shall discharge the guardian from all right to custody and education, but not from a right to property of the ward. (Amended 1985, No. 144 (Adj. Sess.), § 151; 2009, No. 3, § 12a, eff. Sept. 1, 20…

§ 3003. Parent may move for guardian’s removal; notice When, by reason of the incapacity or unsuitableness of a parent to have the custody and education of a minor child, another person has been appointed guardian of the minor, the parent may, at any time, file a motion for the r…

§ 3004. Court may revoke Upon hearing, if the Probate Division of the Superior Court is of the opinion that the parent is then a proper person to have the care and custody of the child, it shall revoke the guardianship and order the guardian to deliver the custody of the child to…

§ 3005. Guardian refusing to give up ward, committed If the guardian does not obey the order, the court may issue a warrant directed to any sheriff or constable requiring him or her to apprehend and commit the guardian to the Commissioner of Corrections until he or she performs t…

§ 3011. Special fiduciary When a guardian fails to perform duties required by law, the Rules of Probate Procedure, or order of the court, the Probate Division of the Superior Court may suspend the guardian from further duties and appoint a special fiduciary to assume temporarily …

§ 3060. Policy Guardianship shall be utilized only as necessary to promote the well-being of the individual and to protect the individual from violations of his or her human and civil rights. It shall be designed to encourage the development and maintenance of maximum self-relian…

§ 3061. Definitions The words and phrases used in this subchapter shall be defined as follows: (1) “Person in need of guardianship” means a person who: (A) is at least 18 years of age; and (B) is unable to manage, without the supervision of a guardian, some or all aspects of his …

§ 3062. Jurisdiction; review of guardian’s actions (a) If this State has jurisdiction of a guardianship proceeding pursuant to chapter 114 of this title, then the Probate Division of the Superior Court shall have exclusive jurisdiction over the proceedings. All proceedings to det…

§ 3063. Petition for guardianship An interested person may file a petition with the Probate Division of the Superior Court for the appointment of a guardian. The petition shall state: (1) the names and addresses of the petitioner and the respondent; if known, the name and address…

§ 3064. Notice of petition and hearing (a) Upon the filing of the petition, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (b) The hearing shall be held not less than 15 nor more than 30…

§ 3065. Counsel (a)(1) The respondent shall have the right to be represented by counsel of his or her own choosing at any stage of a guardianship proceeding. Unless a respondent is already represented, the court: (A) shall appoint counsel for the respondent when an initial petiti…

§ 3066. Guardian ad litem On motion of the respondent’s or person under guardianship’s counsel or on the court’s own motion, the court may appoint a guardian ad litem if it finds the respondent or person under guardianship is unable to communicate with or advise counsel. (Added 1…

§ 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…

§ 3101. Definitions As used in this chapter: (1) “Administrator” means the administrator of the U.S. Veterans’ Administration or his or her successor. (2) “Benefits” means all monies paid or payable by the United States through the Veterans Administration. (3) “Court” means any P…

§ 3102. Administrator as party in interest The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting …

§ 3103. Application Whenever, pursuant to any law of the United States or regulation of the Veterans’ Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.

§ 3104. Limitation on number of wards A person other than a bank or trust company, or the Executive Secretary of the State Veterans’ Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards …

§ 3105. Appointment of guardian (a) A petition for the appointment of a guardian may be filed by: (1) any relative or friend of the ward or by any person who is authorized by law to file such a petition; or (2) if there is no person so authorized or if the person so authorized re…

§ 3106. Evidence of necessity for guardian of infant Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the Veterans’ A…

§ 3107. Evidence of necessity for guardian of incompetent Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the vete…