Vermont: Adult Guardianship and Conservatorship Petition Requirements
The short answer
Vermont's ordinary involuntary adult case is one Probate Division guardianship proceeding, not separate guardian and conservator tracks: the court assigns only the personal-care and financial powers proved necessary. An interested person may petition, but must give specific functional facts, identify every power requested, disclose income and resources, and explain why each considered alternative is unavailable or unsuitable. Appointment requires clear and convincing evidence of the statutory disability-linked inability standard, including recent behavior showing personal harm risk or financial vulnerability. Counsel and a qualified evaluation are mandatory; the evaluation must distinguish tasks the adult can do alone, with supports, and only with a guardian. The adult may attend, testify, subpoena, present, and cross-examine witnesses. Any order must be least restrictive, preserve all unassigned powers, respect advance directives, and limit authority to the adult's actual mental and adaptive limitations.
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This is the general rule in Vermont. Ezel applies current Vermont law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | One involuntary guardianship proceeding under 14 V.S.A. §§ 3060–3081 may assign personal-care powers, financial powers, or both; Vermont does not use a separate ordinary adult 'conservator' track. Limited guardianship means the adult retains every power not specifically granted (§ 3069). Voluntary guardianship and special public-guardian tracks are separate. |
|---|---|
| Who may file and where | Any 'interested person'—a responsible adult with a direct interest, including the adult, near relative, close friend, current guardian, public official, social worker, physician, POA/advance-directive agent, nominated guardian, or clergy member—may file (§§ 3061, 3063). The Probate Division of Superior Court has exclusive jurisdiction (§ 3062). |
| What the petition must contain | Identify petitioner/respondent, near relative, current guardian, advance-directive nominee and agents under a directive or POA; state the petitioner's interest, age eligibility, specific supporting facts, each area/power requested, income/resources and value, proposed guardian/relationship, and each alternative considered with why unavailable or unsuitable (§ 3063). Current Form 700-00072PAG also addresses other guardianships, co-guardian, directive/POA copies, verification, assets/income, interested-person list, and background-check consent. |
| Proof required for appointment | Clear and convincing evidence (§ 3068). The adult must be unable, because of the listed intellectual/adaptive condition or a physical/mental condition causing significantly impaired cognition and grossly impaired judgment, behavior, or reality recognition, to manage personal or financial affairs without a guardian (§ 3061). Recent behavior must show actual/near-term physical harm for personal care or gross financial mismanagement causing actual/near-term vulnerability. |
| Alternatives the court must address | Mandatory at filing, evaluation, advocacy, and order. The petition must explain why each considered alternative is unavailable/unsuitable (§ 3063); the evaluator must separate tasks manageable alone, with support services/benefits, and only with a guardian (§ 3067); counsel must test whether a less restrictive alternative exists (§ 3065); and only the least restrictive form and powers matching actual limitations may be ordered (§§ 3060, 3069). |
| Notice, service, and hearing timing | The court schedules after filing and all interested persons are parties entitled to notice. Current Probate Rule 4 permits restricted mail with signed receipt, personal service, or a court-ordered alternative, with the notice and petition served sufficiently before hearing for Rule 12(a). The statute sets no separate fixed service lead. Evaluation is due within 30 days after filing; hearing is 15–30 days after the evaluation is filed, extendable once for good cause up to 15 days (§§ 3064, 3067). |
| Counsel and hearing rights | The court must appoint counsel on the initial petition unless the adult already has chosen counsel; counsel advocates the adult's wishes rather than substituting a best-interests judgment (§ 3065). The adult may attend and testify, subpoena/present/cross-examine witnesses, challenge the evaluator, seek exclusion of unnecessary attendees, and appeal (§ 3068). A GAL is discretionary only if the adult cannot communicate with or advise counsel (§ 3066). Section 3068 states no initial-hearing jury right. |
| Medical evidence or court evaluator | The court must order a qualified evaluation; it is not merely a petitioner's medical attachment. An evaluator with specific training and demonstrated competence must finish within 30 days unless extended for cause and report disability/function plus tasks manageable alone, with supports, or only under guardianship and recommended powers/services (§ 3067). The confidential report goes to the adult, counsel, petitioner, appointed guardian, and others the court identifies; the adult may cross-examine its preparer (§ 3068). |
| Limits on the order | The judgment must make specific findings and assign only listed § 3069 powers proved necessary; a limited order leaves all other powers with the adult, preserves an advance directive unless separately overridden, and requires participation and respect for wishes. Emergency temporary guardianship is a separate § 3081 motion requiring likely serious and irreparable physical or financial harm; an ex parte order lasts at most 14 days, with one good-cause 14-day extension pending hearing. |
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Requirements one by one
Proceeding and state terminology
Vermont does not divide the ordinary involuntary adult case into guardianship
of the person and conservatorship of the estate. One Chapter 111 petition asks
for a guardian, and the Probate Division may assign personal-care powers,
financial powers, or both. If only some powers are assigned, § 3069(d) calls it
a limited guardianship and leaves every other listed power with the adult.
This page addresses the ordinary involuntary Probate Division case. Voluntary
guardianship under a different subchapter and special public-guardian systems
for particular populations have different entry rules.
Who may file and where
Section 3063 permits an “interested person” to file. Section 3061(5) makes that
more than a family-only category: it includes the adult, a near relative, close
friend, current guardian, public official, social worker, physician, an agent
under a power of attorney or advance directive, a person nominated as guardian
in a directive, and a clergy member, so long as the responsible adult has a
direct interest.
Under § 3062, the Probate Division of the Vermont Superior Court has exclusive
jurisdiction when Vermont has guardianship jurisdiction. The petition is filed
in the applicable Probate Division unit.
What the petition must contain
Section 3063 requires names and addresses for the petitioner, adult, known near
relative, current guardian, advance-directive nominee, and agents under an
advance directive or power of attorney. It also requires the petitioner's
interest; age eligibility; specific reasons and supporting facts; every area of
supervision and power requested; the nature and approximate value of income,
resources, benefits, and pensions; the proposed guardian and relationship; and
every considered alternative with an explanation of why it is unavailable or
unsuitable.
Current Form 700-00072PAG turns those requirements into a verified filing. It
also asks about existing or pending guardianships, advance directives and
powers of attorney, a proposed co-guardian, the six categories of possible
powers, and suggested evaluator. Its attachments include the assets-and-income
statement, interested-person list, background-check consent for the proposed
guardian, and copies of any directive, POA, or existing appointment.
Proof required for appointment
The petitioner bears a clear-and-convincing burden under § 3068(f). The proof
must connect function to one of the conditions in § 3061(1): significantly
subaverage intellectual functioning with adaptive deficits, or a physical or
mental condition producing significantly impaired cognition that grossly
impairs judgment, behavior, or recognition of reality.
For personal care, recent behavior must show inability to meet medical,
nutrition, clothing, shelter, hygiene, or safety needs such that injury,
illness, or disease has occurred or is likely soon. For finances, recent
behavior must show gross mismanagement that has produced or is likely soon to
produce financial vulnerability. A diagnosis without those functional and
risk findings is not the statutory test.
Alternatives the court must address
Alternatives appear at every stage. Section 3063(8) requires the petition to
identify considered alternatives and explain why each is unavailable or
unsuitable. The current form names supported decision-making, representative
payee arrangements, and advance directives as examples.
The § 3067 evaluator must distinguish what the adult can manage alone, what the
adult could manage with support services and benefits, and what actually
requires guardian supervision. Section 3065 directs counsel to test whether a
less restrictive alternative exists. Sections 3060 and 3069 then limit the
order to the least restrictive form and only those powers required by actual
mental and adaptive limitations.
Notice, service, and hearing timing
Section 3064 requires the court to schedule a hearing after filing and uses the
Probate Rules for notice. Rule 17 treats all interested persons as parties at
commencement. That group is informed by § 3061(5), and the current court form
specifically collects the adult, spouse, parents, adult children, proposed
guardian, directive or POA agents, and nominated guardian.
Current Rule 4, effective July 1, 2026, requires the notice and petition to be
served together sufficiently before hearing to satisfy the response rule. The
ordinary method is restricted mail requiring a signed receipt; personal
service is an alternative, and the court may order another method when
appropriate. Neither § 3064 nor the current Rule 4 amendment states a separate
fixed minimum number of days before the guardianship hearing.
The main schedule is tied to the evaluation. It is due within 30 days after the
petition unless the court extends for cause. The hearing then must occur 15 to
30 days after the evaluation is filed, with one good-cause continuance of no
more than 15 additional days.
Counsel and hearing rights
The court must appoint counsel when the initial petition is filed unless the
adult already has counsel of choice. Section 3065 makes the role explicit:
counsel advocates the adult's wishes and may not substitute counsel's personal
view of the adult's best interests. Counsel must protect due process, test
alternatives, hold the petitioner to clear and convincing proof, and seek a
least-restrictive order.
At the hearing, the adult may attend and testify, subpoena witnesses, present
evidence, and cross-examine witnesses, including the evaluator. On the adult's
motion, the court may exclude a person not needed to conduct the hearing. The
setting must avoid likely harm to the adult's mental or physical health. A
guardian ad litem is discretionary only when the adult cannot communicate with
or advise counsel. Section 3068 provides an appeal but does not state an
initial-hearing jury right.
Medical evidence or court evaluator
The evaluation is court-ordered and mandatory; it is not simply a medical
certificate selected and attached by the petitioner. Section 3067 requires an
evaluator with specific training and demonstrated competence and a report
within 30 days unless extended for cause.
The report describes the nature and degree of disability and intellectual,
developmental, and social functioning. Its recommendations must separate tasks
the adult can do alone, with supports, and only with guardian supervision, and
must identify recommended powers, services, and benefits. Whether the report
supports or opposes guardianship, it goes to the adult, counsel, petitioner,
appointed guardian, and others the court finds have a strong welfare interest;
it remains confidential. The adult may cross-examine its preparer, and the
judge must decide on the entire record rather than treating the evaluation as
conclusive.
Limits on the order
The judgment must contain specific factual findings and separate legal
conclusions. Section 3069 requires the court to select from six categories of
power and permits additional restriction within each one. A limited order
leaves every unassigned power with the adult. Existing advance-directive
instructions and agent authority remain effective unless the Probate Division
expressly orders otherwise in the separate review process.
The guardian must exercise authority in the least restrictive manner,
encourage participation and independent action, and respect the adult's
wishes, values, beliefs, and preferences to the greatest possible extent.
Emergency temporary guardianship is separate under § 3081. It requires likely
serious and irreparable harm to physical health or financial interests while
the general petition is pending. Counsel and the earliest possible hearing are
required. An ex parte order needs specific sworn facts of immediate harm,
expires within 14 days, and may be extended once for another 14 days for good
cause if the temporary hearing cannot occur first.
What trips people up
Financial authority is still guardianship in Vermont. The same petition and
order can grant supervision of income and resources; there is no separate
ordinary conservator petition for that power.
Alternatives cannot be left as a generic conclusion. The petition must name
each considered alternative and explain why it is unavailable or unsuitable,
and the evaluator must separately analyze function with support services and
benefits.
The hearing clock starts with the evaluation filing. The statute's 15-to-30-
day hearing window is not measured from the petition or service date. The
evaluation itself ordinarily has a separate 30-day completion deadline.
Common questions
Does the adult have to prove that no help is needed? No. The petitioner
bears the clear-and-convincing burden, and the court must dismiss and seal the
proceeding if the adult is not proved to be a person in need of guardianship.
Can the evaluator's recommendation decide the case by itself? No. Section
3068(c) says the court is not bound by the evaluation and must decide on the
entire record. The adult and petitioner may cross-examine the evaluator.
Statutes and sources
- 14 V.S.A. § 3060 and § 3061(1)-(3), (5) — policy, functional standards, and
interested-person definition.
http://legislature.vermont.gov/statutes/fullchapter/14/111 (accessed 2026-07-19) - 14 V.S.A. §§ 3062(a)-(b), 3063 and § 3064 — Probate Division jurisdiction,
petition contents, notice, and hearing timing.
http://legislature.vermont.gov/statutes/fullchapter/14/111 (accessed 2026-07-19) - 14 V.S.A. § 3065(a)-(b), § 3066, and § 3067(a)-(c), (e) — counsel, GAL, and
the evaluation/report process.
http://legislature.vermont.gov/statutes/fullchapter/14/111 (accessed 2026-07-19) - 14 V.S.A. § 3068(a)-(c), (e)-(g) and § 3069(a)-(f) — hearing rights, burden,
findings, assigned powers, retained authority, and least-restrictive order.
http://legislature.vermont.gov/statutes/fullchapter/14/111 (accessed 2026-07-19) - 14 V.S.A. § 3081(a)-(d) — emergency temporary guardianship boundary.
http://legislature.vermont.gov/statutes/fullchapter/14/111 (accessed 2026-07-19) - Vermont Rule of Probate Procedure 4(d), amendment effective July 1, 2026 —
service by restricted mail, personal service, or court-ordered method.
https://www.vtcourts.gov/sites/default/files/documents/PROMULGATED-VRPP4%28d%29-%28g%29--STAMPED.pdf (accessed 2026-07-19) - Vermont Judiciary Form 700-00072PAG — current involuntary-adult petition and
attachments.
https://www.vtcourts.gov/sites/default/files/documents/700-00072PAG%20%E2%80%93%20Petition%20to%20Appointment%20Guardian%20for%20an%20Adult.pdf (accessed 2026-07-19) - Vermont Judiciary, Adult Guardianships — current process, forms, and
evaluator guidance.
http://www.vtcourts.gov/probate/adult-guardianships (accessed 2026-07-19)
Build a starting document
Ezel's adult guardianship petition template
can help organize functional facts, alternatives, requested personal and
financial powers, existing agents, and evaluation information. It is a generic
starting point, not Vermont Form 700-00072PAG, and does not replace the
required interested-person, assets-and-income, or background-check forms.
Disclaimer
This page is general legal information about an adult guardianship or
conservatorship petition, not legal advice about whether an adult lacks capacity
or whether a court should remove or restrict that adult's rights. These
proceedings affect fundamental personal and property rights. A medical diagnosis
alone does not necessarily satisfy the legal standard, filing a petition does
not guarantee appointment, and emergency, developmental-disability,
mental-health, and interstate cases may follow different rules. Courts often
require official forms and local procedures in addition to the statutes
summarized here. Verified against the official statute text on the date shown;
confirm current law and court forms and consult a licensed attorney before
filing or responding to a petition.
Source links
Every statute quoted above, linked, with the date we checked it.
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