The Vermont Statutes Online
The Statutes below include the actions of the 2024 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.
Title 18 : Health
Chapter 215 : Guardianship Services for People with Developmental Disabilities
(Cite as: 18 V.S.A. § 9302)-
§ 9302. Definitions
As used in this chapter:
(1) “Person with developmental disabilities” means:
(A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:
(i) intellectual disability, autism, or pervasive developmental disorder; and
(ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or
(B) a person with a developmental disability who was receiving services on July 1, 1996.
(2) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(3) “Near relative” means a spouse, parent, step parent, brother, sister, or grandparent.
(4) “Interested person” means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy.
(5) “Person in need of guardianship” means a person who:
(A) has developmental disabilities within the meaning of this chapter;
(B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and
(C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.
(6) “Guardianship” means the legal status of a person with developmental disabilities who is subject to the Commissioner’s exercise of some or all of the powers listed in section 9310 of this title.
(7) [Repealed.]
(8) “Qualified developmental disabilities professional” means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.
(9) “Respondent” means a person who is the subject of a petition filed pursuant to section 9305 of this title.
(10) “Department” means the Department of Disabilities, Aging, and Independent Living. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1; 2005, No. 174 (Adj. Sess.), § 49; 2013, No. 96 (Adj. Sess.), § 116.)
