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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.

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

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.)