The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : Guardianship

Subchapter 012 : PERSONS IN NEED OF GUARDIANSHIP

• § 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 or her personal or financial affairs as a result of:

  (i) significantly subaverage intellectual functioning which exists concurrently with deficits in adaptive behavior; or

  (ii) a physical or mental condition that results in significantly impaired cognitive functioning which grossly impairs judgment, behavior, or the capacity to recognize reality.

  (2) “Unable to manage his or her personal care” means the inability, as evidenced by recent behavior, to meet one’s needs for medical care, nutrition, clothing, shelter, hygiene, or safety so that physical injury, illness, or disease has occurred or is likely to occur in the near future.

  (3) “Unable to manage his or her financial affairs” means gross mismanagement, as evidenced by recent behavior, of one’s income and resources which has led or is likely in the near future to lead to financial vulnerability.

  (4) “Near relative” means a parent, stepparent, brother, sister, grandparent, spouse, domestic partner, or adult child.

  (5) “Interested person” means a responsible adult who has a direct interest in a person in need of guardianship and includes the person in need of guardianship, a near relative, a close friend, a guardian, public official, social worker, physician, agent named in an advance directive or in a power of attorney, person nominated as guardian in an advance directive, or member of the clergy.

  (6) “Respondent” means a person who is the subject of a petition filed pursuant to section 3063 of this title or a person under guardianship who is the subject of any subsequent petition, motion, or action filed pursuant to this subchapter.

  (7) “Party” shall have the same meaning as defined by Rule 17(a)(3) and (b) of the Vermont Rules of Probate Procedure.

  (8) “Person under guardianship” means a person in need of guardianship for whom a guardianship order has been issued.

  (9) “Do not resuscitate order” shall have the same meaning as in 18 V.S.A. § 9701(7).

  (10) “Capacity to make medical decisions” means an individual’s ability to make and communicate a decision regarding proposed health care based upon having a basic understanding of the diagnosed condition and the benefits, risks, and alternatives to the proposed health care.

  (11) “Informed consent” means the consent given voluntarily by an individual with capacity after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care.

  (12) “Assent” means a communication by a person under guardianship that a proposed health care decision by his or her guardian is consistent with his or her preferences, when that person has been found to lack the capacity to provide informed consent. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 156; 1989, No. 191 (Adj. Sess.); 2005, No. 198 (Adj. Sess.), §§ 9, 15, eff. Sept. 1, 2006; 2007, No. 186 (Adj. Sess.), § 1.)