Records for adult guardianship
- Existing powers or directives
- Specific facts showing need
- Alternatives already considered
- Proposed guardian information
Adult guardianship in Vermont: process and limits, from the Vermont Judiciary
| Topic | What the Vermont Judiciary says | Form or detail |
|---|---|---|
| Alternatives to consider first | Supported decision making, a Social Security representative payee, an advance directive, or case management through a developmental disabilities provider or an Area Agency on Aging | Petitioners must say what alternatives were considered |
| Involuntary petition | Give specific reasons and facts and list the powers requested | Petition to Appoint Guardian for an Adult, Involuntary (700-00072PAG) |
| Lawyer for the respondent | The court appoints one; the petitioner may hire a lawyer but need not | Appointed by the court after filing |
| Evaluation | A confidential evaluation by a qualified mental health professional, due within 30 days of filing | Ordered by the court |
| Background check | Court-ordered registry checks of the proposed guardian (14 V.S.A. § 3067); the Judiciary also asks anyone over 16 in the household to consent | Consent for Release of Information (700-00407) |
| Total or limited guardian | The court defines the powers and duties to meet the person's needs | Court order |
| Court approval still needed | For nonemergency nursing-home admission and for withholding life-sustaining treatment or a do-not-resuscitate order, unless there is an advance directive | Probate Division |
| Reporting | An annual report, and often an accounting, until the guardianship ends | Guardian's Annual Report (700-00093A) |
| Voluntary guardianship | An adult may ask for a guardian for themselves and may ask to end it at any time | Motion to Terminate Adult Guardianship (700-0099PAG) |
What types of adult guardianship does Vermont recognize?
The Vermont Judiciary describes voluntary and involuntary adult guardianship processes. In an involuntary case, a court may grant total or limited powers based on the evidence and need.
Are alternatives considered first?
Yes. Vermont court guidance identifies alternatives such as supported decision-making, representative payees, advance directives, powers of attorney, and services.
Can a guardian make any decision for the person?
No. A guardian has only the powers the court order grants, and some decisions still need court approval, such as a nonemergency nursing-home admission or withholding life-sustaining treatment.
Who can ask a Vermont court to appoint a guardian for an adult?
Someone who believes the adult cannot manage their personal care or finances can file a petition; the court orders registry background checks of the proposed guardian under 14 V.S.A. § 3067, and the Judiciary's instructions also ask anyone over 16 living in the household to consent to one. The petition must explain why the guardianship is needed and what alternatives were considered.
Does the person get a lawyer in an involuntary guardianship?
Yes. Once the petition is filed, the court appoints a lawyer to represent the person, though the petitioner may also hire one; a guardian ad litem may be added if the person cannot understand the case or talk with their lawyer.
What is the evaluation in a guardianship case?
The court orders a confidential evaluation by a qualified mental health professional; it looks at whether the person can manage without help, could manage with help and supports, or cannot manage without a guardian. The court weighs it at the hearing.
What is a limited guardianship?
It gives the guardian only the powers the person needs help with. The court orders the specific powers.
A total guardianship covers all areas. Vermont law prefers the smaller footprint when it can meet the person's needs.
What can a guardian not do alone?
Court approval comes first for several steps. The Judiciary says a guardian may consent to nonemergency surgery or a nonemergency nursing-home admission only after court approval, and must also get approval before withholding or withdrawing life-sustaining treatment or consenting to a do-not-resuscitate order unless the person has an advance directive. A guardian also cannot consent to involuntary treatment or medication, or to sterilization.
Can a guardianship end?
Yes. Guardianships can be modified or terminated when the person's needs change. The person or someone on their behalf can ask the court.
Regular reports and periodic notices to the person are part of how the court monitors the arrangement.
What if the person wants a guardian for themselves?
Vermont allows a voluntary guardianship. An adult who needs help can petition for a guardian, and can ask for specific powers; they must show they understand the nature and effect of the arrangement, either at a hearing or by a physician's or mental health professional's letter.
Primary Vermont sources
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