Title 14, Decedents' Estates and Fiduciary Relations

§ 3112. Compensation of guardians Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of monies received during the period covered by the account. In the event of extraordinary services by a guardian, the court, …

§ 3113. Investments A guardian shall invest the surplus funds of his or her wards’ estate in such securities or property as authorized under the laws of this State, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, i…

§ 3114. Maintenance and support A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing…

§ 3115. Purchase of home for ward (a) The court may authorize the purchase of the entire fee simple title to real estate in this State in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or (if he or she is not a minor) as a …

§ 3116. Copies of public records to be furnished When a copy of a public record is required by the Veterans’ Administration to be used in determining the eligibility of a person to participate in benefits made available by the Veterans’ Administration, the official custodian of s…

§ 3117. Discharge of guardian and release of sureties In addition to other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans’ Administration showing that a minor ward has attained majority, or that an incompetent ward has …

§ 3118. Commitment to Veterans’ Administration or other agency of U.S. government (a) Whenever, in a proceeding under the laws of this State for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his…

§ 3119. Modification of prior laws Except where inconsistent with this chapter, the laws of this State relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries…

§ 3120. Application of chapter The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in section 3101 of this title, whether the guardian shall have been appointed under this chapter o…

§ 3121. Liberal construction This chapter shall be so construed as to make uniform the law of those states which enact it.

§ 3151. Short title This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (Added 2011, No. 56, § 25.)

§ 3152. Definitions In this chapter: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult. (3) “Guardian” means a person appointed by the court to make decisions regarding …

§ 3153. International application of act A court of this State may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchapters 2, 3, and 5 of this chapter. (Added 2011, No. 56, § 25.)

§ 3154. Communication between courts (a) The Probate Division of the Superior Court in this State may communicate with a court in another state concerning a proceeding arising under this chapter. The Probate Division may allow the parties to participate in the communication. Exce…

§ 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…

§ 3211. Definitions As used in this chapter: (1) “Adult” means an individual who has attained 21 years of age. (2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of ot…

§ 3212. Scope and jurisdiction (a) This chapter applies to a transfer that refers to this chapter in the designation under subsection 3219(a) of this title by which the transfer is made if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of …

§ 3213. Nomination of custodian (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming th…

§ 3214. Transfer by gift or exercise of power of appointment A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor, pursuant to section 3219 of this title. (Added 2015, No. 7,…

§ 3215. Transfer authorized by will or trust (a) A personal representative or trustee may make an irrevocable transfer pursuant to section 3219 of this title to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has…

§ 3216. Other transfer by fiduciary (a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, pursuant to section 3219 of this title, in the absen…

§ 3217. Transfer by obligor (a) Subject to subsections (b) and (c) of this section, a person not subject to section 3215 or 3216 of this title who holds property of or owes a liquidated debt to a minor not having a financial guardian may make an irrevocable transfer to a custodia…

§ 3218. Receipt for custodial property A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian, pursuant to this chapter. (Added 2015, No. 7, § 1.)

§ 3219. Manner of creating custodial property and effecting transfer; designation of initial custodian; control (a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) registere…

§ 3220. Single custodianship A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. (Added 2015, No. 7, § 1.)

§ 3221. Validity and effect of transfer (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (1) failure of the transferor to comply with subsection 3219(c) of this title concerning possession and control; (2) designation of an ineligible…

§ 3222. Care of custodial property (a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a c…