Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
An interested person may file a petition with the Probate Division of the Superior Court for the appointment of a guardian. Upon the filing of the petition, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. The hearing shall be held not less than 15 nor more than 30 days after the filing with the court of the evaluation required by section 3067 of Title 14. The hearing may be continued for good cause shown for not more than 15 additional days.
A person who requests that a voluntary guardian be appointed shall appear before the court, if physically able. If not physically able to appear, the petition shall be accompanied by a letter from a physician or qualified mental health professional stating that the petitioner understands the nature, extent, and consequences of the guardianship requested and the procedure for revoking the guardianship. The letter may support a finding by the court that the petitioner does, in fact, understand the nature, extent, and consequences of the guardianship requested and the procedure for revoking the guardianship.
Notice of Hearing:
The court shall hold a hearing on the petition, with notice to the petitioner and the proposed guardian.
Examinations, Evaluations, and Interviews:
The court shall explain to the petitioner the nature, extent, and consequences of the proposed guardianship and determine if the petitioner agrees to the appointment of the named guardian. At the hearing, the court shall explain to the petitioner the procedures for terminating the guardianship. When a petition is filed, the court will order an evaluation of the respondent. The evaluation shall be performed by someone who has specific training and demonstrated competence to evaluate a person in need of guardianship. The evaluation shall be completed within 30 days of the filing of the petition with the court unless the time period is extended by the court for cause. The court may order that the petitioner be evaluated by a person who has specific training and demonstrated competence to evaluate the petitioner. The scope of the evaluation shall be limited to whether the petitioner understands the nature, extent, and consequences of the guardianship requested and the procedures for revoking the guardianship.
Adjudication and Disposition:
After the hearing, the court shall make findings on the following issues:
- whether the petitioner is uncoerced;
- whether the petitioner understands the nature, extent, and consequences of the proposed guardianship; and
- whether the petitioner understands the procedures for terminating the guardianship
Vt. Stat. tit. 14 § 2671
Vt. Stat. tit. 14 § 2623
Vt. Stat. tit. 14 § 2625