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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 215 : GUARDIANSHIP SERVICES FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

(Cite as: 18 V.S.A. § 9303)
  • § 9303. Jurisdiction and venue

    (a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the unit in which the person with developmental disabilities is residing.

    (b)(1) The Probate Division of the Superior Court shall have concurrent jurisdiction to appoint the Commissioner to serve as a temporary guardian for a person in need of guardianship when:

    (A) a petition has been filed pursuant to 14 V.S.A. § 3063;

    (B) the Probate Division of the Superior Court finds that the respondent is a person in need of guardianship as defined in subdivision 9302(5) of this title; and

    (C) no suitable private guardian can be located.

    (2) Within 60 days after appointment as a temporary guardian, the Commissioner shall file an application in the Family Division of the Superior Court for appointment under this chapter and for modification or termination of the Probate Division order. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 154; 2009, No. 154 (Adj. Sess.), § 154a, eff. Feb. 1, 2011.)