reglab/housing_qa huggingface dataset:
14 V.S.A. § 2643
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2643. Release by court and parent on behalf of minor

§ 2643. Release by court and parent on behalf of minor|(a) The Superior judge of the Superior Court within and for the county where the minor resides, on behalf of a minor, must approve of and consent to a release to be executed by a parent in the settlement of any claim that does not exceed the sum of $10,000.00. A release so furnished shall be binding on the minor and both parents, their heirs, executors, administrators, or assigns, respectively.(b) Any claim settled for a sum in excess of $10,000.00 shall require the approval of a court-appointed guardian. (Added 1959, No. 262, § 38, eff. June 11, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1979, No. 77, § 1, eff. May 10, 1979; 2019, No. 167 (Adj. Sess.), § 17, eff. October 7, 2020.)
14 V.S.A. § 2644
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2644. Child of unmarried woman

§ 2644. Child of unmarried woman|An unmarried woman who bears a child shall be guardian of such child until another is appointed. (Amended 1987, No. 174 (Adj. Sess.), § 3.)
14 V.S.A. § 2647
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2647. For minor interested in an estate

§ 2647. For minor interested in an estate|When notice is required to be given to a minor interested in an estate, as heir, devisee, or legatee, or representative of either, a guardian of the minor shall be appointed before the notice is given. Before any part of the estate is assigned to a minor, a guardian shall be appointed, although the minor has a parent living who is authorized to act as guardian. (Amended 1985, No. 144 (Adj. Sess.), § 120.)
14 V.S.A. § 2648
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2648. Parent may be appointed guardian

§ 2648. Parent may be appointed guardian|When a parent is authorized to act as guardian and the appointment of a guardian is required, such parent may be appointed if approved by the court.
14 V.S.A. § 2649
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2649. Guardian appointed for nonresident minor

§ 2649. Guardian appointed for nonresident minor|On the petition of a minor, not a resident of this State, or a person interested in the welfare of the minor, the court may appoint a guardian of the minor when it appears that the minor owns or has an interest in real estate situated in the State. (Amended 1985, No. 144 (Adj. Sess.), § 121.)
14 V.S.A. § 2650
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2650. Minor's choice of guardian

§ 2650. Minor's choice of guardian|Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court, and may appear before the court or before a Superior judge and make their choice. The certificate of such magistrate shall be sufficient evidence to the court of the minor's choice. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 64, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), §§ 236, 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 2652
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2652. Choice of another guardian by minor

§ 2652. Choice of another guardian by minor|A person appointed guardian of a minor shall continue to be such until another is appointed. After the minor arrives at the age of 14 years, he or she may, from time to time, choose and have appointed another guardian.
14 V.S.A. § 2654
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2654. Control over property in another state

§ 2654. Control over property in another state|A guardian appointed by a Probate Division of the Superior Court in this State shall have the same power and authority to take possession of, manage, sell and convey personal property and real estate of his or her ward, situate in another state or foreign country, as he or she has over like property situated in this State. Such guardian shall account to the Probate Division of the Superior Court of this State for all property of his or her ward in another state or foreign country, which comes into his or her hands and control. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 2655
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2655. Parent may have custody of person

§ 2655. Parent may have custody of person|Either parent may have the custody of the person and care of the education of the minor, if the court, at the time of appointing a guardian of the minor, deems the parent to be competent and suitable for that purpose. If the court deems a parent incompetent or unsuitable, it shall direct accordingly in the letters of guardianship. In its discretion, at any time during the continuance of the guardianship, the court may change the custody of a minor, upon notice and after hearing, if the court finds the person having custody incompetent or unsuitable. (Amended 1985, No. 144 (Adj. Sess.), § 122.)
14 V.S.A. § 2656
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2656. Guardian appointed by will

§ 2656. Guardian appointed by will|By a last will, either parent may appoint guardians for minor children, or for children, regardless of age, who are judicially determined to be in need of guardianship under the provisions of this chapter, whether living at the time of making the will or born afterwards, and such guardians shall be governed by the laws applicable to guardians appointed by the Probate Division of the Superior Court. If, by his or her will appointing a guardian, the testator orders or requests that a bond shall not be required, it may be dispensed with, unless the Probate Division of the Superior Court judges that from a change in the circumstances of the guardian or from other cause the estate of the ward will be insecure. (Amended 1975, No. 138 (Adj. Sess.), § 1, eff. Feb. 27, 1976; 1977, No. 92; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 2657
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2657. Guardian ad litem

§ 2657. Guardian ad litem|Nothing in this chapter shall take away the power of a court to appoint a guardian to defend the interests of a minor impleaded in such court, or interested in an action or matter therein pending, or its power to appoint or allow a person, as next friend of a minor, to commence, prosecute, or defend an action in his behalf.
14 V.S.A. § 2658
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2658. Powers of guardian

§ 2658. Powers of guardian|A guardian for a minor appointed by Probate Division of the Superior Court, as provided in this chapter, in the name and right of his or her ward, may receive, sue for, and recover debts and demands due to the ward. He or she may maintain and defend actions or suits when necessary for the recovery or protection of the property or person of his or her ward, settle accounts, demands, claims, and actions by or against his or her ward, including actions for injuries to the person or property of such ward and compromise, release, and discharge the same on such terms as he or she deems just and beneficial to his or her ward. (Added 1979, No. 76, § 2; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 2659
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2659. Financial guardianship; minors

§ 2659. Financial guardianship; minors|(a) The Probate Division may appoint a financial guardian for a minor pursuant to this section if the minor is the owner of real or personal property. A financial guardian appointed pursuant to this section shall have the care and management of the estate of the minor but shall not have custody of the minor.(b)(1) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state:   (A) the names and addresses of the parents, the child, and the proposed guardian; (B) the proposed guardian's relationship to the child; and (C) any real and personal property owned by the minor.  (2) A petition for financial guardianship of a minor under this section shall be served on all parties and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure.   (c) The Probate Division shall schedule a hearing upon the filing of the petition and shall provide notice of the hearing to all parties.(d) If the court grants the petition for financial guardianship of the minor, the court shall enter an order establishing a financial guardianship, naming the proposed guardian as the child's financial guardian, and specifying the powers and duties of the guardian.(e) The duties of a financial guardian shall include the duty to:  (1) pursue, receive, and manage any property right of the minor's, including inheritances, insurance benefits, litigation proceeds, or any other real or personal property, provided the benefits or property shall not be expended without prior court approval; (2) deposit any cash resources of the minor in accounts established for the guardianship, provided the cash resources of the minor shall not be comingled with the guardian's assets; (3) responsibly invest and reinvest the cash resources of the minor; (4) obtain court approval for expenditures of funds to meet extraordinary needs of the minor which cannot be met with other family resources; (5) establish with court approval:  (A) special needs trusts; (B) trusts for the benefit of the minor payable over the minor's lifetime or for such shorter periods as deemed reasonable; or (C) structured settlements providing for payment of litigation proceeds over the minor's lifetime or for such shorter periods as deemed reasonable; and  (6) file an annual financial accounting with the Probate Division of the Superior Court stating the funds received, managed, and spent on behalf of the minor. (Added 2013, No. 170 (Adj. Sess.), § 2, eff. Sept. 1, 2014; amended 2017, No. 195 (Adj. Sess.), § 18.)
14 V.S.A. § 2660
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2660. Statement of legislative intent

§ 2660. Statement of legislative intent|(a) The creation of a permanent guardianship for minors provides the opportunity for a child, whose circumstances make returning to the care of the parents not reasonably possible, to be placed in a stable and nurturing home for the duration of the child's minority. The creation of a permanent guardianship offers the additional benefit of permitting continued contact between a child and the child's parents.(b) The Family Division of the Superior Court is not required to address and rule out each of the other potential disposition options once it has concluded that termination of parental rights is in a child's best interests. (Added 2015, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2016.)
14 V.S.A. § 2661
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2661. Definitions

§ 2661. Definitions|For the purposes of this article:  (1) "Best interests of the child" means a determination, based on consideration of all relevant factors and available options, of circumstances that will best provide the child with at a minimum all the following:  (A) Adequate food. (B) Clothing. (C) Health care. (D) Any other material needs. (E) A safe and nurturing environment that meets the child's present and future developmental needs and promotes appropriate interactions and relationships with family members, foster family, and other people who will play a constructive role in the child's life. (F) Support to help the child adjust to home, school, and community.  (2) "Parent" means the parent or parents of a minor. (3) "Permanent guardian" means one or two adults appointed by the court to act as a parent for a child during the child's minority. (4) "Permanent guardianship" means a legal guardianship of a minor that is intended to continue with the same guardian, based on the guardian's express commitment, for the duration of the child's minority. (5) "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. The term does not include a person's stepparent. (Added 1999, No. 162 (Adj. Sess.), § 2.)
14 V.S.A. § 2662
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2662. Permanent guardian; rights and obligations

§ 2662. Permanent guardian; rights and obligations|(a) A permanent guardian shall have parental rights and responsibilities for the child that include:  (1) Providing the child with:  (A) A healthy and safe living environment and daily care. (B) Education. (C) Necessary and appropriate health care, including medical, dental, and mental health care.  (2) Making decisions regarding:  (A) Travel. (B) Management of the child's income and assets. (C) The child's right to marry or enlist in the armed forces. (D) Representation of the child in legal actions. (E) Any other matter that involves the child's welfare and upbringing.    (b) The permanent guardian shall:  (1) Before appointment, expressly commit to remain the permanent guardian and assume the parental rights and responsibilities for the child for the duration of the child's minority. (2) Be responsible to the court and the child for the health, education and welfare of the minor. (3) Comply with all terms of any court order to provide the child's parent with visitation, contact or information. (Added 1999, No. 162 (Adj. Sess.), § 2.)
14 V.S.A. § 2663
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2663. Parent of the minor; rights and obligations; support

§ 2663. Parent of the minor; rights and obligations; support|(a) While a permanent guardianship is in effect, the parent shall have the following rights:  (1) Visitation, contact and information to the extent delineated in the order issued by the family division of the superior court. The family division of the superior court shall issue an order regarding visitation, contact and information based on the best interests of the child. The order may prohibit visitation, contact and information. The order may incorporate an agreement reached among the parties. (2) Inheritance by and from the child. (3) Right to consent to adoption of the child.   (b) After the court has issued a final order establishing permanent guardianship, the parent shall have no right to seek termination of the guardianship order. The parent may seek only enforcement or modification of an order of visitation, contact or information.(c) The parent shall have the primary responsibility to support the child.  (1) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement. (2) If the child has been in the custody of the Commissioner for Children and Families immediately prior to the creation of the guardianship, the Commissioner shall have no further duty of support or care for the child after the establishment of the permanent guardianship unless the family is eligible for kinship guardianship assistance provided for in 33 V.S.A. § 4903 or the Commissioner contractually agrees in writing to that support. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 97 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 238.)
14 V.S.A. § 2664
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2664. Creation of permanent guardianship

§ 2664. Creation of permanent guardianship|(a) The Family Division of the Superior Court may establish a permanent guardianship at a permanency planning hearing or at any other hearing in which a permanent legal disposition of the child can be made, including a child protection proceeding pursuant to 33 V.S.A. § 5318 or a delinquency proceeding pursuant to 33 V.S.A. § 5232. The court shall also issue an order permitting or denying visitation, contact, or information with the parent at the same time the order of permanent guardianship is issued. Before issuing an order for permanent guardianship, the court shall find by clear and convincing evidence all of the following:  (1) Neither parent is able to assume or resume parental duties within a reasonable time. (2) The child has resided with the permanent guardian for at least six months. (3) A permanent guardianship is in the best interests of the child. (4) The proposed permanent guardian:  (A)(i) is emotionally, mentally, and physically suitable to become the permanent guardian; and  (ii) is financially suitable, with kinship guardianship assistance provided for in 33 V.S.A. § 4903 if applicable, to become the permanent guardian;  (B) has expressly committed to remain the permanent guardian for the duration of the child's minority; and (C) has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any resulting loss of State or federal benefits or other assistance.    (b) The parent voluntarily may consent to the permanent guardianship, and shall demonstrate an understanding of the implications and obligations of the consent.(c) After the Family Division of the Superior Court issues a final order establishing permanent guardianship, the case shall be transferred to the appropriate Probate Division of the Superior Court in the district in which the permanent guardian resides. Jurisdiction shall continue to lie in the Probate Division. Appeal of any decision by the Probate Division of the Superior Court shall be de novo to the Family Division.(d) The Family Division of the Superior Court may name a successor permanent guardian in the initial permanent guardianship order. Prior to issuing an order naming a successor permanent guardian, the court shall find by clear and convincing evidence that the named successor permanent guardian meets the criteria in subdivision (a)(4) of this section. In the event that the permanent guardian dies or the guardianship is terminated by the Probate Division of the Superior Court, if a successor guardian is named in the initial order, custody of the child transfers to the successor guardian pursuant to subsection 2666(b) of this title. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 97 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), §§ 123, 123a; 2015, No. 170 (Adj. Sess.), § 2, eff. Sept. 1, 2016.)
14 V.S.A. § 2665
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2665. Reports

§ 2665. Reports|The permanent guardian shall file a written report on the status of the child to the Probate Division of the Superior Court annually pursuant to subdivision 2629(b)(6) of this title and at any other time the court may order. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2015, No. 170 (Adj. Sess.), § 3, eff. Sept. 1, 2016.)
14 V.S.A. § 2666
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 2666. Modification; termination

§ 2666. Modification; termination|(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, the child if the child is age 14 or older, or the Commissioner for Children and Families. A modification or termination may also be ordered by the Probate Division of the Superior Court on its own initiative.(b) Where the permanent guardianship is terminated by the Probate Division of the Superior Court order or the death of the permanent guardian, the custody and guardianship of the child shall not revert to the parent, but to the Commissioner for Children and Families as if the child had been abandoned. If a successor permanent guardian has been named in the initial permanent guardianship order, custody shall transfer to the successor guardian, without reverting first to the Commissioner. The Probate Division of the Superior Court shall notify the Department when custody transfers to the Commissioner or the successor guardian. At any time during the first six months of the successor guardianship, the Probate Division may, upon its own motion and independent of its regular review process, hold a hearing to determine, by a preponderance of the evidence, whether the successor permanent guardian continues to meet the requirements under subdivision 2664(a)(4) of this title.  (1) Upon the death of the permanent guardian or when the permanent guardianship is otherwise terminated by order of the Probate Division, the Probate Division shall issue an order placing the child in the custody of the Commissioner and shall immediately notify the Department for Children and Families, the State's Attorney, and the Family Division. (2) The order transferring the child's legal custody to the Commissioner shall have the same legal effect as a similar order issued by the Family Division under the authority of 33 V.S.A. chapters 51-53. (3) After the Probate Division issues the order transferring legal custody of the child, the State shall commence proceedings under the authority of 33 V.S.A. chapters 51-53 as if the child were abandoned.   (c) An order for modification or termination of the permanent guardianship shall be based on a finding by a preponderance of the evidence that there has been a substantial change in material circumstances, or that one or more findings required by subsection 2664(a) of this title no longer can be supported by the evidence, and that the proposed modification or termination is in the best interests of the child.(d) The burden of proof shall be on the party seeking the modification or termination.(e) In the event that it is necessary to appoint a successor permanent guardian, the parent may be considered with no greater priority than a third party. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 97 (Adj. Sess.), § 6; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2015, No. 153 (Adj. Sess.), § 23; 2015, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 2016.)