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State of Vermont Judiciary > Going To Court > Probate Court
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Vermont Probate Division
Adult and Minor Guardianship
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| Guardianships
are established when, due to mental disability, or other reason, a
person is unable to manage their own personal and financial affairs.
If the Court determines that guardianship is necessary, the Probate
Judge will appoint a guardian and designate the specific powers and
duties for the guardian to assume while promoting the independence
of and protecting the best interests of the Ward (person under
guardianship). Depending on the competency of the Ward, the Court
may limit the control of the guardian to very limited tasks or give
the Guardian full control. The three types of guardianships that are
under the jurisdiction of the Probate Division in the State of
Vermont are: Guardianship of a Minor, Guardianship of a Mentally
Disabled Adult, and Voluntary Guardianship. Under the Family
Division of the State of Vermont, there is another type of
Guardianship called a Special Service Guardian, which is for adults
with developmental disabilities. Please see the Family Division for
more information about the Special Service Guardianship. |
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Guardian Information |
Frequently Asked
Questions
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 Are there any alternative to guardianship? |
When an individual needs assistance in managing his or her personal or financial affairs, there are several alternatives to establishing a guardianship. Some of these alternatives are:
· setting up a power of attorney
· establishing a trust
· Protective Services for Mentally Retarded Persons
· SSI Representative Payee
· Citizen Advocacy
| | Can a guardianship be modified or terminated? |
The ward or any person interested in the welfare of the ward may, at any time, file a motion for termination or modification of the guardianship. Annually, each ward under guardianship and his or her lawyer receives notice from the Court advising the ward of the right to file a motion for termination or modification of the guardianship. When such a motion is received in the Probate Court that approved the guardianship, notifications are sent to all interested persons, a hearing is held and based on the information presented, and the Probate Judge will determine whether changes are appropriate.
| | Does a guardian have to provide financial reporting to the Courts? |
If the guardian has been granted financial, contract or property power, a report of the income, expenses and assets held by the ward must be filed with the appointing Court annually. For purposes of financial reporting, it is necessary to keep separate accounts for the ward and to record income, expenditures, and any activity that changes the ward’s personal estate or real estate. If the ward’s individual financial transactions are recorded, preparation of the annual summary is not too difficult. General assistance is always available through the Court. If you are becoming a guardian you should review the guardian’s account form and instruction sheet to become familiarity with your accounting responsibility.
| | Does a guardian need to be bonded? |
It is usual in Vermont for guardians to be bonded. This means that before the Probate Court appoints the guardian, he or she must file a bond, using theGuardian’s Bond (Form 79). The bond stands as an assurance that the guardian will perform the duties according to law. Although being bonded does not require the actual deposit of funds, it may be necessary to have an insurance company act as guarantor for the guardian’s obligations. This service can be arranged through local insurance companies at a reasonable fee. The necessity of a bond often depends upon the size and nature of the assets in the guardianship.
| | How might my relative grant a Power of Attorney? |
Both parties involved must agree to the Power of Attorney. Available at Probate Court is the pamphlet "Taking Steps To Plan for Critical Health Care Decisions" which is published by the Vermont Ethics Network. Forms are available online atwww.vtethicsnetwork.org. This pamphlet contains the form for a Durable Power of Attorney for Health Care, which gives the person with the power of attorney the authority to make health care decisions of the other person when they are unable to make them for themselves. Concerning financial powers of attorney, you should seek competent legal advice from a Vermont attorney. A worthwhile pamphlet entitled "Taking Charge" is available on line with forms from the Vermont Bar Association at www.vtbar.org. A financial power of attorney is a significant legal step which should be considered carefully.
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Adult Guardianship Forms
To file (start) a case
you must complete the forms packet with an * next
to the form name. |
Minor Guardianship Forms
To
file (start) a case you must complete the
forms packet with an * next to the form name.
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Miscellaneous Forms |
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