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Searching 2021-2022 Session

The Vermont Statutes Online


Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : GUARDIANSHIP

Subchapter 012 : Persons in Need of Guardianship

(Cite as: 14 V.S.A. § 3063)
  • § 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 of a near relative of the respondent; the name and address of the person nominated as guardian in an advance directive; and the name and address of the current guardian, and agent named in an advance directive or in a power of attorney;

    (2) the interest of the petitioner in the respondent;

    (3) that the respondent is alleged to be a person in need of guardianship, and that the respondent is at least 18 years of age or will become 18 years of age within four months of the filing of a petition;

    (4) specific reasons with supporting facts why guardianship is sought;

    (5) the specific areas where supervision and protection is requested and the powers of the guardian requested for inclusion in the court's order;

    (6) the nature, description, and approximate value of the respondent's income and resources, including public benefits and pension;

    (7) if a specific individual is proposed as guardian, the name and address of the proposed guardian and the relationship of the proposed guardian to the respondent; and

    (8) alternatives to guardianship that have been considered and an explanation as to why each alternative is unavailable or unsuitable. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 8; 1985, No. 144 (Adj. Sess.), § 158; 2005, No. 198 (Adj. Sess.), § 15, eff. Sept. 1, 2006; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)