reglab/housing_qa huggingface dataset:
14 V.S.A. § 3062
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3062. Jurisdiction; review of guardian's actions

§ 3062. Jurisdiction; review of guardian's actions|(a) If this State has jurisdiction of a guardianship proceeding pursuant to chapter 114 of this title, then the Probate Division of the Superior Court shall have exclusive jurisdiction over the proceedings. All proceedings to determine whether this court has jurisdiction pursuant to chapter 114 of this title shall be brought in the Probate Division of the Superior Court.(b) The Probate Division of the Superior Court shall have exclusive original jurisdiction over all proceedings brought under the authority of this chapter or pursuant to 18 V.S.A. § 9718.(c) The Probate Division of the Superior Court shall have supervisory authority over guardians. Any interested person may seek review of a guardian's proposed or past actions by filing a motion with the court. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 157; 2005, No. 55, § 2, eff. Sept. 1, 2005; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 125, eff. Feb. 1, 2011; 2011, No. 56, § 26.)
14 V.S.A. § 3063
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3063. Petition for guardianship

§ 3063. Petition for guardianship|An interested person may file a petition with the Probate Division of the Superior Court for the appointment of a guardian. The petition shall state:  (1) the names and addresses of the petitioner and the respondent; if known, the name and address of a near relative of the respondent; the name and address of the person nominated as guardian in an advance directive; and the name and address of the current guardian, and agent named in an advance directive or in a power of attorney; (2) the interest of the petitioner in the respondent; (3) that the respondent is alleged to be a person in need of guardianship, and that the respondent is at least 18 years of age or will become 18 years of age within four months of the filing of a petition; (4) specific reasons with supporting facts why guardianship is sought; (5) the specific areas where supervision and protection is requested and the powers of the guardian requested for inclusion in the court's order; (6) the nature, description, and approximate value of the respondent's income and resources, including public benefits and pension; (7) if a specific individual is proposed as guardian, the name and address of the proposed guardian and the relationship of the proposed guardian to the respondent; and (8) alternatives to guardianship that have been considered and an explanation as to why each alternative is unavailable or unsuitable. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 8; 1985, No. 144 (Adj. Sess.), § 158; 2005, No. 198 (Adj. Sess.), § 15, eff. Sept. 1, 2006; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3064
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3064. Notice of petition and hearing

§ 3064. Notice of petition and hearing|(a) Upon the filing of the petition, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.(b) The hearing shall be held not less than 15 nor more than 30 days after the filing with the court of the evaluation required by section 3067 of this title. The hearing may be continued for good cause shown for not more than 15 additional days. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 159; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3065
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3065. Counsel

§ 3065. Counsel|(a)(1) The respondent shall have the right to be represented by counsel of his or her own choosing at any stage of a guardianship proceeding. Unless a respondent is already represented, the court:   (A) shall appoint counsel for the respondent when an initial petition for guardianship is filed; (B) shall appoint counsel for the respondent in any subsequent proceeding if the respondent or a party requests appointment in writing; and (C) may appoint counsel for the respondent on the court's initiative in any subsequent proceeding.  (2) Appointed counsel shall have the right to withdraw upon conclusion of the proceeding for which he or she has been appointed.   (b) Counsel shall receive a copy of the petition upon appointment and copies of all other documents upon filing with the court. Counsel shall consult with the respondent prior to any hearing and, to the maximum extent possible, explain to the respondent the meaning of the proceedings and of all relevant documents. Counsel for the respondent shall act as an advocate for the respondent and shall not substitute counsel's own judgment for that of the respondent on the subject of what may be in the best interests of the respondent. Counsel's role shall be distinct from that of a guardian ad litem if one is appointed. At a minimum, counsel shall endeavor to ensure that:  (1) the wishes of the respondent, including those contained in an advance directive, as to the matter before the court are presented to the court; (2) there is no less restrictive alternative to guardianship or to the matter before the court; (3) proper due process procedure is followed; (4) no substantial rights of the respondent are waived, except with the respondent's consent and the court's approval, provided that the evaluation and report required under section 3067 of this title and the hearing required under section 3068 of this title may not be waived; (5) the petitioner proves allegations in the petition by clear and convincing evidence in an initial proceeding, and applicable legal standards are met in subsequent proceedings; (6) the proposed guardian is a qualified person to serve or to continue to serve, consistent with section 3072 of this title; and (7) if a guardian is appointed, the initial order or any subsequent order is least restrictive of the personal freedom of the person under guardianship consistent with the need for supervision.   (c) Respondent's counsel shall be compensated from the respondent's estate unless the respondent is found indigent in accordance with Rule 3.1 of the Rules of Civil Procedure. For indigent respondents, the court shall maintain a list of pro bono counsel from the private bar to be used before appointing nonprofit legal services organizations to serve as counsel. (Added 1979, No. 76, § 15; amended 1991, No. 38, § 1; 2005, No. 198 (Adj. Sess.), § 10, eff. Sept. 1, 2006; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3066
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3066. Guardian ad litem

§ 3066. Guardian ad litem|On motion of the respondent's or person under guardianship's counsel or on the court's own motion, the court may appoint a guardian ad litem if it finds the respondent or person under guardianship is unable to communicate with or advise counsel. (Added 1979, No. 76, § 15; amended 1991, No. 38, § 2; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3068
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3068. Hearing

§ 3068. Hearing|(a) The respondent, the petitioner and all other persons to whom notice has been given pursuant to section 3064 of this title may attend the hearing and testify. The respondent and the petitioner may subpoena, present, and cross-examine witnesses, including those who prepared the evaluation. The court may exclude any person not necessary for the conduct of the hearing on motion of the respondent.(b) The hearing shall be conducted in a manner consistent with orderly procedure and in a setting not likely to have a harmful effect on the mental or physical health of the respondent.(c) The evaluation shall be received into evidence, if the persons who prepared the evaluation are available for the hearing or subject to service of subpoena. However, the court shall not be bound by the evidence contained in the evaluation, but shall make its determination upon the entire record. In all cases, the court shall make specific findings of fact, state separately its conclusions of law and direct the entry of an appropriate judgment.(d) The petitioner may be represented by counsel in any proceedings brought under this chapter.(e) If upon completion of the hearing and consideration of the record the court finds that the respondent is not a person in need of guardianship, it shall dismiss the petition and seal the records of the proceeding.(f) If upon completion of the hearing and consideration of the record the court finds that the petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship or will be a person in need of guardianship on attaining 18 years of age, it shall enter judgment specifying the powers of the guardian pursuant to sections 3069 and 3070 of this title and the duties of the guardian pursuant to section 3071 of this title.(g) Any party to the proceeding before the court may appeal the court's decision in the manner provided in section 3080 of this title. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 9; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3068a
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3068a. Rights of a person under guardianship

§ 3068a. Rights of a person under guardianship|A person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and U.S. constitutions and all the laws and regulations of Vermont and the United States. These rights include:  (1) The right to participate in decisions made by the guardian and to have personal preferences followed unless:  (A) the preference is unreasonable and would result in actual harm; or (B) the person under guardianship does not have a basic understanding of the benefits and consequences of his or her chosen preference.  (2) The right, without interference from anyone, to retain an attorney and to communicate freely with counsel, the court, ombudsmen, advocates of his or her choosing, and other persons authorized by law to act as an advocate for the person under guardianship. (3) The right to retain an attorney and seek legal advice independently without consent of the guardian, provided that any legal fees not authorized by the guardian are subject to review and approval by the court. (Added 2005, No. 198 (Adj. Sess.), § 11, eff. Sept. 1, 2006; amended 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3071
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3071. Duties of guardian

§ 3071. Duties of guardian|(a) The guardian shall maintain close contact with the person under guardianship and encourage maximum self-reliance on the part of the person under guardianship.(b) In addition to the powers vested in the guardian by the court pursuant to section 3069 of this title, the court may order the guardian to assure that the person under guardianship receives those benefits and services to which he or she is lawfully entitled and needs to maximize his or her opportunity for social and financial independence. Those benefits and services include, but are not limited to:  (1) education services for a person under guardianship who is of school age; (2) residential services for a person under guardianship who lacks adequate housing; (3) nutrition services; (4) medical and dental services, including home health care; (5) therapeutic and habilitative services, adult education, vocational rehabilitation, or other appropriate services.   (c) The guardian shall always serve the interests of the person under guardianship and shall bring any potential conflicts of interest to the attention of the court. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3072
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3072. Guardians; individuals who may serve

§ 3072. Guardians; individuals who may serve|(a)(1) Competent individuals of at least 18 years of age may serve as guardians.  (2) No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care. (3) No person may serve as guardian for the respondent who has served as guardian ad litem in the same proceeding. (4) Notwithstanding the provisions of section 2603 of this title, the court shall have the discretion to appoint a guardian who is not a resident of this State, provided that the individual appointed is otherwise qualified to serve.   (b) In appointing an individual to serve as guardian, the court shall take into consideration:  (1) the nomination of a guardian in an advance directive or in a will; (2) any current or past expressed preferences of the respondent; (3) the geographic location of the proposed guardian; (4) the relationship of the proposed guardian and the respondent; (5) the ability of the proposed guardian to carry out the powers and duties of the guardianship; (6) the willingness and ability of the proposed guardian to communicate with the respondent and to respect the respondent's choices and preferences; (7) potential financial conflicts of interest between the respondent and the proposed guardian, and any conflicts that may arise if the proposed guardian is an employee of a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the respondent resides or is receiving care; and (8) results of any background checks. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 7; 1985, No. 151 (Adj. Sess.), § 13; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3073
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3073. Change of residential placement

§ 3073. Change of residential placement|(a)(1) When a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title wishes to admit the person under guardianship to a nursing home or change the residential placement of the person under guardianship from a private home to a boarding home, residential care home, assisted living residence, group home, or other similar facility, the guardian must first file a motion for permission to do so.  (2) For any other change of residence sought by a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title, the guardian shall give notice to all parties and to such other persons as the court directs as soon as practicable prior to the change of placement.   (b)(1) In an emergency, a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title may change the residential placement of the person under guardianship without petitioning the court for prior permission or without giving prior notice to parties. Immediately after any emergency change in residential placement for which prior permission under subsection (a) of this section would be required in the absence of an emergency, the guardian shall file a motion for permission to continue the placement.  (2) Immediately after any emergency change of placement for which prior permission under subsection (a) of this section is not required, the guardian shall give notice of the change of placement to all parties and to such other persons as the court directs. (3) Any party may request a hearing on a change in residential placement. The hearing shall be set for the earliest possible date and shall be given precedence over other probate matters.   (c) In a hearing on a change of placement, the court shall consider:  (1) the need for the change of placement; (2) the appropriateness of the new placement; (3) the wishes of the person under guardianship, if known; and (4) whether the guardian has considered alternatives. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 160; 1985, No. 151 (Adj. Sess.), § 14; 2005, No. 198 (Adj. Sess.), § 13, eff. May 30, 2006; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3074
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3074. Commitment, sterilization, involuntary treatment, and involuntary medication

§ 3074. Commitment, sterilization, involuntary treatment, and involuntary medication|Nothing in this chapter shall give the guardian of a person authority to:  (1) place that person in a State school or hospital except pursuant to 18 V.S.A. § 7601 et seq. or 18 V.S.A. § 8801 et seq. (2) consent to an involuntary treatment or medication petition pursuant to 18 V.S.A. chapter 181. (3) consent to sterilization or to a petition for involuntary sterilization pursuant to 18 V.S.A. chapter 204. (4) consent to a petition for custody, care, or habilitation filed pursuant to 18 V.S.A. chapter 206. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3076
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3076. Annual reports; final accounting; fees

§ 3076. Annual reports; final accounting; fees|(a) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of the appointment.(b) The annual report shall contain:  (1) a financial accounting as required by section 2921 of this title if the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title; (2) a report on the progress and condition of the person under guardianship, including his or her health, medical and dental care, residence, education, employment, and habilitation; (3) a report on the manner in which the guardian carried out his or her powers and fulfilled his or her duties; and (4) the guardian's opinion regarding the continued need for guardianship.   (c) If the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title, at the termination of the guardianship, the guardian shall render a final accounting as required by section 2921 of this title.(d)(1) Except as provided in subdivision (2) of this subsection, the guardian shall not be paid any fees to which he or she may be entitled, or reimbursed for any of his or her expenses from the estate of the person under guardianship until the annual reports or final accounting required by this section has been filed with the court.  (2) The guardian may at any time apply by motion to the Probate Division of the Superior Court for payment of fees or reimbursement of expenses incurred as a result of the guardianship. The court may grant the motion and approve payment if it finds the expenses were reasonable and supported by documentary evidence. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3077
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3077. Termination and modification of guardianship

§ 3077. Termination and modification of guardianship|(a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the guardianship shall include:  (1) the death of the guardian; (2) the failure of the guardian to file an annual report, or the failure to file such report in a timely manner; (3) the failure of the guardian to act in accord with an order of the court; (4) a change in the ability of the person under guardianship to manage his or her personal care or financial affairs; (5) a change in the capacity or suitability of the guardian for carrying out his or her powers and duties, including any current or past expressed preferences of the person under guardianship to have an alternative person appointed as guardian.   (b) After notice and hearing, the court may terminate or modify the guardianship, appoint a successor guardian, or restrict the powers of a guardian, consistent with the court's findings and conclusions of law.(c) Notice and hearing on the motion shall proceed in the manner set forth in sections 3064 and 3068 of this title.(d) Marriage of the person under guardianship shall not extinguish a guardian's authority.(e) The following guardianship powers shall remain for up to two years after the death of a person under guardianship or until the appointment of an executor or administrator of the person's estate:  (1) the power to arrange and pay for a funeral; (2) the power to request medical, financial, or other records of the person in guardianship; (3) the power to request an autopsy and to obtain the results thereof; (4) the power to make and file a financial accounting; and (5) any other powers which are incidental to the closing of and accounting for the guardianship and which are fully reported to the Probate Division of the Superior Court. (Added 1979, No. 76, § 15; amended 1985, No. 144 (adj. Sess.), § 161; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 3078
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3078. Annual notice to person in need of guardianship

§ 3078. Annual notice to person in need of guardianship|The appointing court shall send an annual notice to each person under guardianship and the counsel of record of each person under guardianship, advising the person under guardianship of his or her right to file a motion for termination or modification of the guardianship pursuant to section 3077 of this title. The notice shall include a copy of any accountings, reports, or other information filed by the guardian during the year, except when there is counsel of record and the court deems it is in the best interests of the person under guardianship to send the accountings, reports, and other information to counsel only. (Added 1979, No. 76, § 15; amended 1991, No. 38, § 3; 2007, No. 186 (Adj. Sess.), § 1.)
14 V.S.A. § 3079
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 111 - Guardianship|§ 3079. Validity of prior guardianship

§ 3079. Validity of prior guardianship|All guardianships approved pursuant to section 2671 et seq. and section 2683 et seq. of this title prior to July 1, 1979 remain valid. On the first anniversary date of such guardianship after July 1, 1979, the court which approved such guardianship shall send notice to each person under guardianship, his or her counsel of record, and a near relative of the person under guardianship, if known, advising them of the right of the person under guardianship to petition for termination or modification of the guardianship pursuant to section 3077 of this title. Upon the filing of such a petition, the court shall promptly arrange for a comprehensive evaluation of the person under guardianship pursuant to section 3067 of this title. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)