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Searching 2019-2020 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. § 3068a)
  • § 3068a. Rights of a person under guardianship

    A person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and United States constitutions and all the laws and regulations of Vermont and the United States. These rights include:

    (1) The right to participate in decisions made by the guardian and to have personal preferences followed unless:

    (A) the preference is unreasonable and would result in actual harm; or

    (B) the person under guardianship does not have a basic understanding of the benefits and consequences of his or her chosen preference.

    (2) The right, without interference from anyone, to retain an attorney and to communicate freely with counsel, the court, ombudsmen, advocates of his or her choosing, and other persons authorized by law to act as an advocate for the person under guardianship.

    (3) The right to retain an attorney and seek legal advice independently without consent of the guardian, provided that any legal fees not authorized by the guardian are subject to review and approval by the court. (Added 2005, No. 198 (Adj. Sess.), § 11, eff. Sept. 1, 2006; amended 2007, No. 186 (Adj. Sess.), § 1.)