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
002
:
JURISDICTION
(Cite as: 14 V.S.A. § 3166)
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§ 3166. Appropriate forum
(a) A Probate Division of the Superior Court of this State having jurisdiction under section 3163 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum.
(b) If a Probate Division of the Superior Court of this State declines to exercise its
jurisdiction under subsection (a) of this section, it shall either dismiss or stay
the proceeding. The Probate Division may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a
guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the Probate Division shall consider
all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely
to occur and which state could best protect the respondent from the abuse, neglect,
or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident
of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent’s estate;
(6) the nature and location of the evidence;
(7) the ability of the court of each state to decide the issue expeditiously and the procedures
necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding;
and
(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian
or conservator. (Added 2011, No. 56, § 25.)