The Vermont Statutes Online
The Statutes below include the actions of the 2025 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.
Subchapter
012
:
PERSONS IN NEED OF GUARDIANSHIP
(Cite as: 14 V.S.A. § 3068)
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§ 3068. Hearing
(a) The respondent, the petitioner, and all other persons to whom notice has been given
pursuant to section 3064 of this title may attend the hearing and testify. The respondent and the petitioner may subpoena,
present, and cross-examine witnesses, including those who prepared the evaluation.
The court may exclude any person not necessary for the conduct of the hearing on motion
of the respondent.
(b) The hearing shall be conducted in a manner consistent with orderly procedure and in
a setting not likely to have a harmful effect on the mental or physical health of
the respondent.
(c) The evaluation shall be received into evidence, if the persons who prepared the evaluation
are available for the hearing or subject to service of subpoena. However, the court
shall not be bound by the evidence contained in the evaluation, but shall make its
determination upon the entire record. In all cases, the court shall make specific
findings of fact, state separately its conclusions of law and direct the entry of
an appropriate judgment.
(d) The petitioner may be represented by counsel in any proceedings brought under this
chapter.
(e)(1) If upon completion of the hearing and consideration of the record the court finds
that the respondent is not a person in need of guardianship, it shall dismiss the
petition and seal the records of the proceeding.
(2) If a motion to withdraw the petition is made before the final hearing, the court shall
dismiss the petition and seal the records of the proceeding.
(f) If upon completion of the hearing and consideration of the record the court finds
that the petitioner has proved by clear and convincing evidence that the respondent
is a person in need of guardianship or will be a person in need of guardianship on
attaining 18 years of age, it shall enter judgment specifying the powers of the guardian
pursuant to sections 3069 and 3070 of this title and the duties of the guardian pursuant to section 3071 of this title.
(g) Any party to the proceeding before the court may appeal the court’s decision in the
manner provided in section 3080 of this title. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 9; 2007, No. 186 (Adj. Sess.), § 1; 2025, No. 64, § 13, eff. June 12, 2025.)