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Vermont Probate Division

Adult and Minor Guardianship


Orleans Superior Court

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.
Guardian Information
Frequently Asked Questions
expand  Are there any alternative to guardianship?
expand  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.
 
   
 
expand  Does a guardian have to provide financial reporting to the Courts?
expand  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.
 
   
 
expand  How might my relative grant a Power of Attorney?
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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.
Miscellaneous Forms