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
003
:
TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP
(Cite as: 14 V.S.A. § 3172)
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§ 3172. Accepting guardianship transferred from another state
(a) To confirm transfer of a guardianship or conservatorship transferred to this State
under provisions similar to section 3171 of this title, the guardian or conservator must petition the Probate Division of the Superior Court
in this State to accept the guardianship or conservatorship. The petition must also
include a certified copy of the other state’s provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section must be given to those persons
that would be entitled to notice if the petition were a petition for the appointment
of a guardian or issuance of a protective order in both the transferring state and
this State. The notice must be given in the same manner as notice is required to be
given in this State.
(c) On the Probate Division’s own motion or on request of the guardian or conservator,
the incapacitated or protected person, or other person required to be notified of
the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection
(a) of this section.
(d) The Probate Division shall issue an order provisionally granting a petition filed
under subsection (a) of this section unless:
(1) an objection is made, and the objector establishes that transfer of the proceeding
would be contrary to the interests of the incapacitated or protected person; or
(2) the guardian or conservator is ineligible for appointment in this State.
(e) The Probate Division shall issue a final order accepting the proceeding and appointing
the guardian or conservator as guardian in this State upon its receipt from the court
from which the proceeding is being transferred of a final order issued under provisions
similar to section 3171 of this title transferring the proceeding to this State.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship
or conservatorship, the Probate Division shall determine whether the guardianship
or conservatorship needs to be modified to conform to the law of this State.
(g) In granting a petition under this section, the Probate Division shall recognize a
guardianship or conservatorship order from another state, including the determination
of the incapacitated or protected person’s incapacity and the appointment of the guardian
or conservator.
(h) The denial by a Probate Division of the Superior Court of this State of a petition
to accept a guardianship or conservatorship transferred from another state does not
affect the ability of the guardian or conservator to seek appointment as guardian
in this State under this title if the Probate Division has jurisdiction to make an
appointment other than by reason of the provisional order of transfer. (Added 2011, No. 56, § 25.)