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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. § 3077)
  • § 3077. Termination and modification of guardianship

    (a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the guardianship shall include:

    (1) the death of the guardian;

    (2) the failure of the guardian to file an annual report, or the failure to file such report in a timely manner;

    (3) the failure of the guardian to act in accord with an order of the court;

    (4) a change in the ability of the person under guardianship to manage his or her personal care or financial affairs;

    (5) a change in the capacity or suitability of the guardian for carrying out his or her powers and duties, including but not limited to any current or past expressed preferences of the person under guardianship to have an alternative person appointed as guardian.

    (b) After notice and hearing, the court may terminate or modify the guardianship, appoint a successor guardian, or restrict the powers of a guardian, consistent with the court's findings and conclusions of law.

    (c) Notice and hearing on the motion shall proceed in the manner set forth in sections 3064 and 3068 of this title.

    (d) Marriage of the person under guardianship shall not extinguish a guardian's authority.

    (e) The following guardianship powers shall remain for up to two years after the death of a person under guardianship or until the appointment of an executor or administrator of the person's estate:

    (1) the power to arrange and pay for a funeral;

    (2) the power to request medical, financial, or other records of the person in guardianship;

    (3) the power to request an autopsy and to obtain the results thereof;

    (4) the power to make and file a financial accounting; and

    (5) any other powers which are incidental to the closing of and accounting for the guardianship and which are fully reported to the probate division of the superior court. (Added 1979, No. 76, § 15; amended 1985, No. 144 (adj. Sess.), § 161; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)