PETITION FOR APPOINTMENT OF GUARDIAN

Vermont Probate Division

[// GUIDANCE: This template is structured for use in any Vermont Probate Division. Replace bracketed terms and delete inapplicable options before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Parties & Capacity
   3.2 Jurisdiction & Venue
   3.3 Condition Requiring Guardianship
   3.4 Guardianship Standards Compliance
   3.5 Proposed Guardian Qualifications & Bond
   3.6 Scope of Requested Guardianship
   3.7 Reporting & Accounting Obligations
   3.8 Protective Orders & Immediate Relief
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Caption
STATE OF VERMONT
PROBATE DIVISION, [COUNTY] UNIT
Docket No. _____

In re: [Full Legal Name of Minor or Alleged Incapacitated Person]
Title
PETITION FOR APPOINTMENT OF [☐ LIMITED / ☐ PLENARY] GUARDIAN

Effective Date [DATE OF FILING]

Petitioner(s) [PETITIONER NAME(S), address, phone, email]

Proposed Guardian(s) [GUARDIAN NAME(S), address, phone, email]

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

• “Court” – The Vermont Probate Division, [County] Unit, having subject-matter jurisdiction pursuant to applicable Vermont guardianship statutes.
• “Minor” – The individual under 18 years of age who is the subject of this proceeding.
• “Alleged Incapacitated Person” (“AIP”) – The adult who is the subject of this proceeding and who is alleged to lack decision-making capacity.
• “Petitioner” – The person(s) filing this Petition.
• “Proposed Guardian” – The individual(s) or entity nominated to serve as guardian herein.
• “Guardianship Estate” – All legal and equitable interests of the Minor/AIP subject to the guardianship.
• “State Guardianship Law” – The Vermont statutes, court rules, and case law governing guardianship proceedings.
[// GUIDANCE: Delete any definition not relevant to a minor or adult case; include additional defined terms as needed.]

3. OPERATIVE PROVISIONS

3.1 Parties & Capacity

1. Petitioner is [relationship/status], is over 18, and is competent to file this Petition.
2. The [Minor/AIP] is [Full Name], born [DOB], currently residing at [ADDRESS OR FACILITY].

3.2 Jurisdiction & Venue

1. The Court has subject-matter jurisdiction under State Guardianship Law.
2. Venue is proper in [County] because the [Minor/AIP] resides or is present therein.

3.3 Condition Requiring Guardianship

1. Detailed factual allegations establishing the [Minor’s need / AIP’s incapacity], including:
   a. Medical, psychological, or educational evaluations dated [DATE] (attached as Exhibit A).
   b. Specific decisions the [Minor/AIP] cannot make independently.

3.4 Guardianship Standards Compliance

Petitioner asserts that:
1. Less restrictive alternatives (e.g., powers of attorney, supported decision-making) have been considered and deemed insufficient.
2. Appointment of a [limited/plenary] guardian is in the best interest of the [Minor/AIP] and is the least restrictive means available.

3.5 Proposed Guardian Qualifications & Bond

1. Proposed Guardian is legally competent, suitable, and willing to serve. A completed Guardian’s Consent & Affidavit is attached as Exhibit B.
2. Bond Requirement:
   a. Estimated value of Guardianship Estate: $[AMOUNT].
   b. Pursuant to State Guardianship Law, Petitioner requests:
   • ☐ Waiver of bond for good cause shown; or
   • ☐ Bond in the amount of $[AMOUNT], with surety acceptable to the Court.

3.6 Scope of Requested Guardianship

Petitioner requests authority over:
☐ Person ☐ Estate ☐ Both
Specific powers sought (check all that apply):
• ☐ Medical decision-making
• ☐ Educational placement
• ☐ Financial management up to $[CAP] per transaction
• ☐ Residential placement approval
[// GUIDANCE: Modify list per statutory categories; include citation in separate memo if required.]

3.7 Reporting & Accounting Obligations

1. Proposed Guardian shall file:
   a. Initial Inventory within 30 days of appointment.
   b. Annual Report of Well-Being and Annual Accountings thereafter.
2. Petitioner understands failure to comply may result in removal and surcharge.

3.8 Protective Orders & Immediate Relief

Pending final hearing, Petitioner requests:
• Temporary guardianship under emergency authority;
• Order freezing accounts titled in the [Minor/AIP]’s name exceeding $[AMOUNT];
• Any other protective orders the Court deems just.

4. REPRESENTATIONS & WARRANTIES

The undersigned represent and warrant that:
1. The information contained herein is true and complete to the best of their knowledge, information, and belief.
2. All required notices will be served on interested persons as defined by statute.
3. No prior guardianship petitions concerning the [Minor/AIP] are pending in any jurisdiction, except as disclosed in Exhibit C.

These representations shall survive the appointment of the guardian and remain continuing duties to the Court.

5. COVENANTS & RESTRICTIONS

1. Proposed Guardian covenants to discharge all fiduciary duties with the highest degree of care, loyalty, and impartiality.
2. The guardian shall not:
   a. Commingle personal funds with Guardianship Estate assets;
   b. Self-deal without prior Court approval;
   c. Relocate the [Minor/AIP] outside Vermont without express Court order.

6. DEFAULT & REMEDIES

1. Events of Default include:
   a. Failure to file required reports;
   b. Misappropriation or neglect;
   c. Violation of any Court order.
2. Upon default, the Court may:
   a. Issue citations to show cause;
   b. Impose sanctions, including attorneys’ fees;
   c. Remove or suspend the guardian;
   d. Call the bond and surcharge the guardian.

7. RISK ALLOCATION

1. Indemnification: The guardian shall be personally liable for losses resulting from breach of fiduciary duty, intentional misconduct, or gross negligence.
2. Bond Liability Cap: Guardian liability for ordinary negligence is capped at the penal sum of the bond required under Section 3.5, unless otherwise ordered by the Court.
3. Insurance: Proposed Guardian shall maintain liability insurance in a minimum coverage amount of $[AMOUNT], naming the Guardianship Estate as an additional insured.

8. DISPUTE RESOLUTION

1. Governing Law: This Petition and all related proceedings shall be governed by State Guardianship Law.
2. Forum: Exclusive jurisdiction lies with the Vermont Probate Division, [County] Unit.
3. Arbitration: Not available for probate guardianship matters.
4. Jury Waiver: Jury trials are not available in guardianship petitions.
5. Injunctive Relief: The Court retains authority to issue protective orders as necessary.

9. GENERAL PROVISIONS

1. Amendment & Waiver: Any substantive amendment to this Petition must be in writing and filed with the Court; waiver of any requirement rests solely with the Court.
2. Severability: If any provision herein is found unenforceable, the remaining provisions shall remain in full force to the extent practicable.
3. Integration: This Petition, together with its exhibits, constitutes the entire submission and supersedes prior oral or written statements regarding the subject matter.
4. Electronic Signatures: Permitted pursuant to Vermont court rules and shall be deemed originals.

10. EXECUTION BLOCK

Executed on this ___ day of ____, 20__.

PETITIONER

[Name]
[Title if any]

PROPOSED GUARDIAN
☐ I CONSENT to serve and affirm the foregoing.

[Name]

ATTORNEY FOR PETITIONER

[Attorney Name], Esq.
Bar No. [______]
[Law Firm]
[Address]
[Phone] [Email]

VERIFICATION
I, [Petitioner Name], being duly sworn, depose and say that I have read the foregoing Petition and the facts stated therein are true to the best of my knowledge and belief.

[Petitioner Signature]

Subscribed and sworn before me on this ___ day of ____, 20__.

Notary Public
My commission expires: ____

[// GUIDANCE: Attach all exhibits (medical evaluations, consents, prior orders) and a proposed Order Appointing Guardian for the judge’s convenience. Confirm local probate rules for any additional county-specific forms or checklists.]