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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 18 : Health

Chapter 215 : Guardianship Services for People with Developmental Disabilities

(Cite as: 18 V.S.A. § 9302)
  • § 9302. Definitions

    As used in this chapter:

    (1) “Person with developmental disabilities” means:

    (A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:

    (i) intellectual disability, autism, or pervasive developmental disorder; and

    (ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or

    (B) a person with a developmental disability who was receiving services on July 1, 1996.

    (2) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.

    (3) “Near relative” means a spouse, parent, step parent, brother, sister, or grandparent.

    (4) “Interested person” means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy.

    (5) “Person in need of guardianship” means a person who:

    (A) has developmental disabilities within the meaning of this chapter;

    (B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and

    (C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.

    (6) “Guardianship” means the legal status of a person with developmental disabilities who is subject to the Commissioner’s exercise of some or all of the powers listed in section 9310 of this title.

    (7) [Repealed.]

    (8) “Qualified developmental disabilities professional” means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.

    (9) “Respondent” means a person who is the subject of a petition filed pursuant to section 9305 of this title.

    (10) “Department” means the Department of Disabilities, Aging, and Independent Living. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1; 2005, No. 174 (Adj. Sess.), § 49; 2013, No. 96 (Adj. Sess.), § 116.)