reglab/housing_qa huggingface dataset:
14 V.S.A. § 3080
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3080. Appeals

§ 3080. Appeals|Orders of the court issued pursuant to the provisions of this subchapter may be appealed in such manner as provided in 12 V.S.A. § 2551 et seq. and Rule 72, Vermont Rules of Civil Procedure, provided, however, that any order issued pursuant to this subchapter shall not be stayed during the pendency of an appeal except by order of a court of competent jurisdiction. (Added 1979, No. 76, § 15.)
14 V.S.A. § 3081
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3081. Emergency temporary guardian pending final hearing on petition

§ 3081. Emergency temporary guardian pending final hearing on petition|(a) When a petition for guardianship has been filed, but adherence to the procedures set out in this subchapter would cause serious and irreparable harm to the respondent's physical health or financial interests, the Probate Division of the Superior Court may appoint an emergency temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this section.(b) If a guardianship petition is accompanied by a motion for emergency temporary guardianship, the court shall schedule a hearing on the appointment of an emergency temporary guardian for the earliest possible date. The court shall appoint counsel for the respondent and cause notice to be given as provided by the Vermont Rules of Probate Procedure (VRPP). Upon a showing by sworn affidavit that notice cannot be given within the time periods, in the manner, or to the persons required by the VRPP, the court may allow a hearing to go forward upon such notice as the court may direct. The court may appoint an emergency temporary guardian if it finds that serious and irreparable harm to the respondent's physical health or financial interests will likely result during the pendency of the petition.(c) An emergency temporary guardian may be appointed without notice to the respondent or respondent's counsel only if it clearly appears from specific facts shown by affidavit or sworn testimony that immediate, serious, and irreparable harm will result to the respondent before the hearing on the appointment of an emergency temporary guardian can be held. A request for ex parte emergency temporary guardianship under this section shall be made by written motion, accompanied by a petition for guardianship, unless waived by the court for good cause shown. If the court appoints an ex parte emergency temporary guardian, the court shall immediately schedule a temporary hearing in accordance with subsection (b) of this section. The ex parte order shall state why the order was granted without notice and include findings on the immediate, serious, and irreparable harm. The ex parte order shall be for a fixed period of time, not to exceed 14 days, and shall expire on its terms unless extended after the temporary hearing. If the temporary hearing cannot be held before the ex parte order expires, the ex parte order can be extended for good cause shown for an additional 14 days until the temporary hearing is held.(d) A temporary guardianship order expires when the court renders a final decision on the guardianship petition. If the final decision is not rendered within 90 days of the filing of the petition, the court shall schedule a hearing to review the need for continuation of the temporary guardianship order. (Added 1981, No. 101; amended 1985, No. 144 (Adj. Sess.), § 162; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 11, § 36.)
14 V.S.A. § 3091
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3091. Office of Public Guardian established

§ 3091. Office of Public Guardian established|(a) An Office of Public Guardian is established within the Department of Disabilities, Aging, and Independent Living for the purpose of making guardianship services available to mentally disabled persons 60 years of age or older for whom the Probate Division of the Superior Court is unable to appoint a guardian from the private sector.(b) The Commissioner of the Department of Disabilities, Aging, and Independent Living shall employ persons as public guardians to act as designees of the Office and to carry out the duties of the Office of Public Guardian. Public guardians shall be available for appointment in each of the planning and service areas served by the area agencies on aging.(c) The Commissioner of the Department of Disabilities, Aging, and Independent Living may adopt rules necessary to accomplish the purposes of this subchapter including standards relating to the maximum number of appointments that may be accepted by the Office. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 9(a), (b); 2005, No. 174 (Adj. Sess.), § 25; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3092
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3092. Appointment of the Office of Public Guardian

§ 3092. Appointment of the Office of Public Guardian|(a) The Office of Public Guardian may be nominated and appointed to serve as guardian, under subchapter 12 of this chapter, of a person who is 60 years of age or older if the court determines that there is no suitable private guardian qualified and willing to accept the guardianship appointment and the appointment will not result in the Office having more appointments than permitted by rules adopted under section 3091 of this title.(b) Neither the Office of Public Guardian or its designees may petition for guardianship.(c) The Office of Public Guardian may combine the bonding requirement under section § 2751 of this title for some or all of its wards by purchasing a bond in an amount equal to or greater than the aggregate sum of the resources of the wards for whom the bond is issued. The amount of this bond shall be adjusted as necessary to reflect fluctuations in the aggregate amount of wards' resources. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 2.)
14 V.S.A. § 3093
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3093. Powers and duties of Public Guardian

§ 3093. Powers and duties of Public Guardian|In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall:  (1) Be considered a person interested in the welfare of the ward for purposes of filing a motion under section 3077 of this title for termination or modification of guardianship. (2) Visit the facility in which the ward is to be placed if it is proposed that the ward be placed outside his or her home. (3) Monitor the ward and the ward's care and progress on a continuing basis. Monitoring shall, at a minimum, consist of quarterly personal contact with the ward. The Office of Public Guardian shall maintain a written record of each visit with a ward. A copy of this record shall be filed with the Probate Division of the Superior Court as part of the annual report required under section 3076 of this title. The Office, through its designees, shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3094
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3094. Duty to seek private guardian

§ 3094. Duty to seek private guardian|(a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Division of the Superior Court describing its efforts to locate a private guardian for the ward.(b) Upon location of a suitable private guardian, the Office of Public Guardian shall file a motion with the Probate Division of the Superior Court for termination or modification of the guardianship. Availability of a suitable private guardian shall be deemed a change in the suitability of the Office of Public Guardian for carrying out its powers and duties under section 3077(a)(5) of this title. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3095
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3095. Statistics to be maintained

§ 3095. Statistics to be maintained|The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following:  (1) The number of wards for which the Office of Public Guardian was appointed during the year for each planning service area served by the area agencies on aging. (2) The dates on which the Office was appointed by the Probate Division of the Superior Court during the year. (3) The number of guardianships carried over from the preceding year. (4) The date of termination of each guardianship terminated during the period. (5) The disposition of each guardianship terminated. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3096
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3096. Office of Public Guardian to offer assistance

§ 3096. Office of Public Guardian to offer assistance|(a) The Office of Public Guardian may provide assistance to private guardians:  (1) To help them understand the disabilities of the person under guardianship. (2) To help them foster increased independence on the part of the person under guardianship. (3) With the preparation and revision of guardianship plans and reports. (4) On ways to secure rights, benefits, and services to which the persons under guardianship are entitled.   (b) The Office shall:  (1) Develop public education programs on guardianship and alternatives to guardianship. (2) Encourage individuals in the private sector to serve as guardians. (3) Prepare and make available, at no charge, a booklet which describes the duties of a guardian. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 6; 2013, No. 96 (Adj. Sess.), § 65.)
14 V.S.A. § 3098
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3098. Special immigration juvenile status; jurisdiction and findings

§ 3098. Special immigration juvenile status; jurisdiction and findings|(a) The court has jurisdiction under Vermont law to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11). The court is authorized to make the findings necessary to enable a child to petition the U.S. Citizenship and Immigration Service for classification as a special immigrant juvenile pursuant to 8 U.S.C. § 1101(a)(27)(J).(b)(1) If an order is requested from the court making the necessary findings regarding special immigrant juvenile status as described in subsection (a) of this section, the court shall issue an order if there is evidence to support those findings, which may include a declaration by the child who is the subject of the petition. The order issued by the court shall include all of the following findings:   (A) The child was either of the following:  (i) Declared a dependent of the court. (ii) Legally committed to or placed under the custody of a State agency or department or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered.  (B) That reunification of the child with one or both of the child's parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to Vermont law. The court shall indicate the date on which reunification was determined not to be viable. (C) That it is not in the best interests of the child to be returned to the child's or his or her parent's previous country of nationality or country of last habitual residence.  (2) If requested by a party, the court may make additional findings that are supported by evidence.   (c) In any judicial proceedings in response to a request that the court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the child's immigration status that is not otherwise protected by State laws shall remain confidential. This information shall also be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the information shall be available for inspection by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child's counsel, and the child's guardian.(d) As used in this section, "court" means the Probate Division and the Family Division of the Superior Court. (Added 2019, No. 167 (Adj. Sess.), § 29, eff. October 7, 2020.)
14 V.S.A. § 3101
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3101. Definitions

§ 3101. Definitions|As used in this chapter:  (1) "Administrator" means the administrator of the U.S. Veterans' Administration or his or her successor. (2) "Benefits" means all monies paid or payable by the United States through the Veterans Administration. (3) "Court" means any Probate Division of the Superior Court within this state for the district wherein the ward resides. (4) "Estate" means income on hand and assets acquired partially or wholly with "income." (5) "Guardian" means any fiduciary for the person or estate of a ward. (6) "Income" means monies received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith. (7) "Person" means an individual, a partnership, a corporation, or an association. (8) "Veterans' Administration" means the Veterans' Administration, its predecessors or successors. (9) "Ward" means a beneficiary of the Veterans' Administration. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3102
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3102. Administrator as party in interest

§ 3102. Administrator as party in interest|The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than 15 days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.
14 V.S.A. § 3103
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3103. Application

§ 3103. Application|Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.
14 V.S.A. § 3104
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3104. Limitation on number of wards

§ 3104. Limitation on number of wards|A person other than a bank or trust company, or the Executive Secretary of the State Veterans' Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.
14 V.S.A. § 3105
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3105. Appointment of guardian

§ 3105. Appointment of guardian|(a) A petition for the appointment of a guardian may be filed by:  (1) any relative or friend of the ward or by any person who is authorized by law to file such a petition; or (2) if there is no person so authorized or if the person so authorized refuses or fails to file such a petition within 30 days after mailing of notice by the Veterans' Administration to the last known address of the persons, indicating the necessity for the same, by any resident of this State; or (3) if the ward is a mentally incompetent veteran in a State institution, and no petition is filed within 60 days after the mailing of such notice, the Executive Secretary of the State Veterans' Board may file one praying that he or she, or his or her successor in office, in his or her official capacity, be appointed guardian.   (b) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans' Administration and shall set forth the amount of monies then due and the amount of probable future payments.(c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.(d) In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing the Veterans' Administration.
14 V.S.A. § 3106
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3106. Evidence of necessity for guardian of infant

§ 3106. Evidence of necessity for guardian of infant|Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any monies due the minor by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment.
14 V.S.A. § 3107
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3107. Evidence of necessity for guardian of incompetent

§ 3107. Evidence of necessity for guardian of incompetent|Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing such Veterans' Administration and that the appointment of a guardian is a condition precedent to the payment of any monies due such ward by the Veterans' Administration, shall be prima facie evidence of the necessity for such appointment.
14 V.S.A. § 3108
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3108. Notice

§ 3108. Notice|Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this State, and also to the Veterans' Administration as provided by this chapter.
14 V.S.A. § 3109
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3109. Bond

§ 3109. Bond|(a) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this State. The court may, from time to time, require the guardian to file an additional bond.(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his or her debts and liabilities and the aggregate of other bonds on which he or she is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
14 V.S.A. § 3111
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3111. Penalty for failure to account

§ 3111. Penalty for failure to account|If a guardian fails to file with the court an account as required by this chapter, or by an order of the court, when an account is due or within 30 days after citation issues as provided by law, or fails to furnish the Veterans' Administration a true copy of an account, petition, or pleading as required by this chapter, such failure may, in the discretion of the court, be ground for his or her removal.
14 V.S.A. § 3112
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 113 - Uniform Veterans' Guardianship Act|§ 3112. Compensation of guardians

§ 3112. Compensation of guardians|Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of monies received during the period covered by the account. In the event of extraordinary services by a guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans' Administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the monies or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. The Executive Secretary of the State Veterans' Board shall not be entitled to any compensation in addition to his or her regular salary by reason of acting as guardian under an appointment pursuant to subdivision 3105(a)(3) of this title.