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

§ 2884. Deed, effect of A deed executed by a guardian of the lands of his or her ward under such order of sale shall be valid and shall convey the interest of the ward in the lands, whether vested or contingent.

§ 2885. Guardian to report sale Within three months after a sale of real estate of his or her ward under a license, a guardian shall make report of his or her proceedings, setting forth the time and manner of sale, the person to whom and the price for which it was sold and a desc…

§ 2886. License when guardian or ward resides out of state On motion to the Probate Division of the Superior Court for an order to sell the real estate of a ward, when the sale is necessary or conducive to the interests of that person, a license may be granted as provided in this…

§ 2887. Conveyance of land that ward was under contract to convey When a person, while not under guardianship, was under contract binding in law or equity to deed lands, on motion, the Probate Division of the Superior Court may grant license to the guardian of that person to conv…

§ 2888. License not to be granted to creditors’ injury The license shall not be granted if it appears to the court that the conveyance would so reduce the assets in the hands of the guardian as to lessen the amount that creditors would receive from the estate of the ward.

§ 2889. If guardian grantee, judge to convey; deed, effect of If the contract is to convey lands to the guardian, the judge of the Probate Division shall execute the deed. Such deed, or the deed of the guardian, as the case may be, shall be as effectual to convey the lands as if …

§ 2890. Lands held in trust to be conveyed to beneficiary When a person, while not under guardianship, held lands in trust for another person, or where lands have been set off on execution to a ward on a debt in the name of the ward but being the debt of some other person, and no…

§ 2891. When guardian dies or is removed pending sale, new license If the guardian dies, resigns, or is removed before the completion of a sale of real estate under a license, within two years from the time of granting the same, the court may issue a new license to his successor …

§ 2921. Accounts, time Within one year after his or her appointment and annually thereafter and at such other times as the Probate Division of the Superior Court directs, a guardian whose ward has real or personal estate shall render and settle with the court an account of the pr…

§ 2922. By guardian of nonresident ward When a minor or other person has a guardian in this State, but resides in another state or country, and it is shown to the court that such minor or other person has a guardian in the state or country where he or she resides, and that such g…

§ 2923. Property may be ordered into hands of nonresident guardian; proceedings (a) When a guardian and ward are nonresidents and the ward is entitled to property in this State, the guardian may petition the Probate Division of the Superior Court for removal of the property. The …

§ 2924. Same; exception Section 2923 of this title shall not apply if the parent of the ward, being a resident of this State at the time of death, has appointed a guardian for the ward by last will and testament and the guardian resides in this State at the time the petition prov…

§ 2925. Guardian to swear to correctness of account The Probate Division of the Superior Court shall examine every guardian upon oath as to the truth and correctness of an account before the same is allowed by the court. However, in its discretion, the court may dispense with suc…

§ 2926. Surety may intervene as party; rights of surety Upon the settlement of a guardian’s account, any person interested as surety in respect to the account may intervene as a party to the accounting with the same rights as the surety of an administrator in like cases. (Amended…

§ 2927. Remedy, after guardian’s discharge, reexamination of accounts After the trust of a guardian is terminated, if the ward or the ward’s legal representatives are dissatisfied with the account as allowed by the Probate Division of the Superior Court during the continuance of …

§ 2928. Death of ward Whenever a person dies while under guardianship, the guardian may pay so much of the burial expenses as the guardian is able from the funds in his or her hands and make final account to the Probate Division of the Superior Court. (Amended 1985, No. 144 (Adj.…

§ 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…