Adult Guardianship / Conservatorship Petition Packet - Vermont

VERMONT GUARDIANSHIP OF AN ADULT PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type and Scope of Guardianship (§ 3069)

☐ Total guardianship — guardian receives authority over all aspects of personal care and/or financial affairs the respondent cannot manage
☐ Limited guardianship — guardian receives only specified, narrower powers (PREFERRED; respondent retains all powers not specifically granted)
☐ Personal-care powers requested (§ 3069)
☐ Financial powers requested (§ 3070)

0.2 Alternatives to Guardianship Considered (REQUIRED — § 3063(8))

☐ Representative payee (Social Security / VA) considered
☐ General / durable power of attorney considered
☐ Advance directive considered
☐ Supported decision-making considered
☐ Conclusion: each alternative is unavailable or unsuitable because [________________________________]

0.3 Pre-Filing Diligence

☐ Respondent meets the definition of "person in need of guardianship" (§ 3061): age 18+ and unable to manage some/all personal or financial affairs because of (i) significantly subaverage intellectual functioning with deficits in adaptive behavior, or (ii) a physical/mental condition that results in significantly impaired cognitive functioning grossly impairing judgment, behavior, or capacity to recognize reality
☐ Probate Division of the Superior Court (county) identified
☐ Court will appoint counsel for respondent (§ 3065) and order an evaluation (§ 3067)
☐ Proposed guardian will provide information/consents for background check (§ 3067(d))
☐ Filing fee or fee waiver prepared

PART 1 — PETITION FOR GUARDIANSHIP (§ 3063)

STATE OF VERMONT
SUPERIOR COURT, PROBATE DIVISION
[____________________________] UNIT

1. PETITIONER AND RELATED PERSONS (§ 3063(1))

2. PETITIONER'S INTEREST (§ 3063(2))

The interest of the petitioner in the respondent is: [________________________________]

3. ALLEGATION — PERSON IN NEED OF GUARDIANSHIP (§ 3063(3), § 3061)

☐ The respondent is alleged to be a person in need of guardianship and is at least 18 years of age (or will become 18 within four months of filing).

The basis under § 3061(1)(B) is:

☐ (i) Significantly subaverage intellectual functioning which exists concurrently with deficits in adaptive behavior; OR
☐ (ii) A physical or mental condition that results in significantly impaired cognitive functioning which grossly impairs judgment, behavior, or the capacity to recognize reality.

☐ Unable to manage personal care (medical care, nutrition, clothing, shelter, hygiene, or safety), as evidenced by recent behavior (§ 3061(2)).
☐ Unable to manage financial affairs (gross mismanagement of income and resources), as evidenced by recent behavior (§ 3061(3)).

4. SPECIFIC REASONS AND SUPPORTING FACTS (§ 3063(4))

[________________________________]
[________________________________]
[________________________________]

5. AREAS OF SUPERVISION AND POWERS REQUESTED (§ 3063(5), §§ 3069–3070)

Specific areas where supervision and protection are requested and the powers of the guardian requested for inclusion in the court's order:

☐ Total guardianship requested ☐ Limited guardianship requested (specify retained powers above)

6. INCOME AND RESOURCES (§ 3063(6))

7. PROPOSED GUARDIAN (§ 3063(7))

☐ If no suitable private guardian is available, the Office of Public Guardian may be requested to serve.

8. ALTERNATIVES CONSIDERED (§ 3063(8))

Alternatives to guardianship that have been considered, and why each is unavailable or unsuitable:

[________________________________]
[________________________________]

9. RELIEF REQUESTED

WHEREFORE, Petitioner requests that the Court:

1. Appoint counsel for the respondent (§ 3065) and order an evaluation (§ 3067);
2. Schedule a hearing;
3. Find, by clear and convincing evidence, that the respondent is a person in need of guardianship (§ 3068(f));
4. Appoint [NAME] as guardian with the least restrictive powers necessary (total or limited) under §§ 3069–3070; and
5. Grant such other relief as is just.

PART 2 — APPOINTMENT OF COUNSEL (§ 3065)

Upon the filing of this initial Petition, unless the respondent is already represented, the Court shall appoint counsel for the respondent. Counsel shall:

☐ Receive a copy of the petition and all filed documents;
☐ Consult with the respondent before any hearing and explain the proceedings and documents;
☐ Act as an advocate for the respondent, presenting the respondent's wishes (including those in an advance directive);
☐ Ensure there is no less restrictive alternative;
☐ Ensure proper due-process procedure is followed;
☐ Ensure the petitioner proves the allegations by clear and convincing evidence;
☐ Ensure the proposed guardian is qualified (§ 3072); and
☐ Ensure any order is least restrictive of the respondent's personal freedom consistent with the need for supervision.

PART 3 — EVALUATION AND REPORT (§ 3067)

Upon filing, the Court shall order an evaluation of the respondent, performed by someone with specific training and demonstrated competence, completed within 30 days unless extended. The evaluation shall:

☐ Describe the nature and degree of the respondent's disability and level of intellectual, developmental, and social functioning;
☐ Recommend, with supporting data, the aspects of personal care and financial affairs the respondent can manage without supervision;
☐ Recommend the aspects manageable with support services and benefits;
☐ Recommend the aspects the respondent is unable to manage without a guardian; and
☐ Recommend the specific powers and duties (§§ 3069, 3071) to be given to the guardian.

☐ The proposed guardian shall provide information/consents for a background check (Adult Abuse Registry, Child Abuse Registry, VCIC, Sex Offender Registry) (§ 3067(d)).

PART 4 — NOTICE OF HEARING (§ 3064)

NOTICE OF HEARING ON PETITION FOR GUARDIANSHIP

TO: [NAME OF RESPONDENT], the respondent's counsel, the near relative, any agent under an advance directive or power of attorney, and all persons entitled to notice under 14 V.S.A. § 3064.

NOTICE IS GIVEN that a Petition for Involuntary Guardianship has been filed in the Probate Division of the Superior Court, [____________________________] Unit, and will be heard on:

You may attend, testify, subpoena and cross-examine witnesses, and be represented by counsel.

PART 5 — RIGHTS OF THE RESPONDENT

• The right to counsel of the respondent's own choosing at any stage, and to court-appointed counsel upon the filing of the initial petition (§ 3065).
• The right to an independent evaluation and report that may not be waived (§§ 3065(b)(4), 3067).
• The right to a hearing that may not be waived, conducted in a setting not harmful to the respondent's health (§ 3068).
• The right to attend, testify, subpoena, present, and cross-examine witnesses, including the evaluators (§ 3068(a)).
• The right to require proof by clear and convincing evidence (§§ 3065(b)(5), 3068(f)).
• The right to have the Court make specific findings of fact and conclusions of law (§ 3068(c)).
• The right to the least restrictive order and a limited guardianship where appropriate (§§ 3060, 3065(b)(7), 3069).
• The right to appeal the court's decision (§ 3068(g), § 3080).
• The right to seek modification or termination and to ask the court to end the guardianship at any time.

PART 6 — EVALUATION / REPORT (PLACEHOLDER) (§ 3067)

PART 7 — PROPOSED ORDER (§ 3068, §§ 3069–3071)

ORDER ON PETITION FOR GUARDIANSHIP

This matter came before the Court for hearing. Upon consideration of the entire record, including the evaluation, the Court makes specific findings of fact and conclusions of law and FINDS:

1. ☐ Notice has been given as required by law (§ 3064).
2. ☐ The petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship (§ 3068(f), § 3061).
3. ☐ No less restrictive alternative is available, and the powers ordered are the least restrictive necessary.
4. ☐ The proposed guardian is qualified (§ 3072).

IT IS ORDERED:

• [NAME] is appointed ☐ Total Guardian ☐ Limited Guardian of [RESPONDENT NAME].
• The guardian's powers under §§ 3069–3070 are: [________________________________]
• The respondent retains all powers not specifically granted to a limited guardian.
• The guardian shall perform the duties under § 3071 and account annually to the Probate Division (§ 2602).

Dated: [__/__/____] [____________________________]
Probate Judge

PART 8 — VERIFICATION AND NOTARIZATION

VERIFICATION

State of Vermont, County of [____________________________]

I, [PETITIONER NAME], being duly sworn, state that I am the Petitioner, that I have read the foregoing Petition, and that the statements contained therein are true to the best of my knowledge, information, and belief.

[____________________________]
Petitioner

Subscribed and sworn to before me on [__/__/____].

[____________________________]
Notary Public
My commission expires: [__/__/____]

SOURCES AND REFERENCES

• 14 V.S.A. ch. 111 — Guardianship (full chapter): https://legislature.vermont.gov/statutes/fullchapter/14/111
• 14 V.S.A. § 3061 (definitions): https://law.justia.com/codes/vermont/title-14/chapter-111/section-3061/
• 14 V.S.A. § 3063 (petition contents): https://law.justia.com/codes/vermont/title-14/chapter-111/section-3063/
• 14 V.S.A. § 3065 (counsel; clear and convincing evidence): https://law.justia.com/codes/vermont/title-14/chapter-111/section-3065/
• 14 V.S.A. § 3067 (evaluation and report): https://law.justia.com/codes/vermont/title-14/chapter-111/section-3067/
• 14 V.S.A. § 3068 (hearing; findings): https://law.justia.com/codes/vermont/title-14/chapter-111/section-3068/
• Vermont Judiciary — Adult Guardianships: https://www.vtcourts.gov/probate/adult-guardianships
• VTLawHelp — Guardianship: https://vtlawhelp.org/guardianship

END OF PACKET