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2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2624. Jurisdiction; transfer to Family Division

§ 2624. Jurisdiction; transfer to Family Division
(a) Except as provided in subsection (b) of this section, the Probate Division shall have exclusive jurisdiction over proceedings under this article involving guardianship of minors.
(b)(1)(A) A custodial minor guardianship proceeding brought in the Probate Division under this article shall be transferred to the Family Division if there is an open proceeding in the Family Division involving custody of the same child who is the subject of the guardianship proceeding in the Probate Division.
(B) A minor guardianship proceeding brought in the Probate Division under this article may be transferred to the Family Division on motion of a party or on the court’s own motion if any of the parties to the probate proceeding was a party to a closed divorce proceeding in the Family Division involving custody of the same child who is the subject of the guardianship proceeding in the Probate Division.
(2)(A) When a minor guardianship proceeding is transferred from the Probate Division to the Family Division pursuant to subdivision (1) of this subsection (b), the Probate judge and a Superior judge assigned to the Family Division shall confer regarding jurisdiction over the proceeding. Except as provided in subdivision (B) of this subdivision (2), all communications concerning jurisdiction between the Probate judge and the Superior judge under this subsection shall be on the record. Whenever possible, a party shall be provided notice of the communication and an opportunity to be present when it occurs. A party who is unable to be present for the communication shall be provided access to the record.
(B) It shall not be necessary to inform the parties about or make a record of a communication between the Probate judge and the Superior judge under this subsection (b) if the communication involves scheduling, calendars, court records, or other similar administrative matters.
(C) After the Superior judge and Probate judge confer under subdivision (2)(A) of this subsection (b), the Superior judge may:
(i) consolidate the minor guardianship case with the pending matter in the Family Division and determine whether a guardianship should be established under this article; or
(ii) transfer the guardianship petition back to the Probate Division for further proceedings after the pending matter in the Family Division has been adjudicated.
(D) If a guardianship is established by the Family Division pursuant to subdivision (2)(C)(i) of this subsection, the guardianship case shall be transferred back to the Probate Division for ongoing monitoring pursuant to section 2631 of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2625. Hearing; counsel; guardian ad litem

§ 2625. Hearing; counsel; guardian ad litem
(a) The Probate Division shall schedule a hearing upon the filing of the petition and shall provide notice of the hearing to all parties and interested persons who were provided notice under subdivision 2623(c)(1) of this title.
(b) The child shall attend the hearing if he or she is 14 years of age or older unless the child’s presence is excused by the court for good cause. The child may attend the hearing if he or she is less than 14 years of age.
(c) The court shall appoint counsel for the child if the child will be called as a witness. In all other cases, the court may appoint counsel for the child.
(d)(1) The child may be called as a witness only if the court finds after hearing that:
(A) the child’s testimony is necessary to assist the court in determining the issue before it;
(B) the probative value of the child’s testimony outweighs the potential detriment to the child; and
(C) the evidence sought is not reasonably available by any other means.
(2) The examination of a child called as a witness may be conducted by the court in chambers in the presence of such other persons as the court may specify and shall be recorded.
(e) The court may appoint a guardian ad litem for the child on motion of a party or on the court’s own motion.
(f)(1) The court may grant an emergency guardianship petition filed ex parte by the proposed guardian if the court finds that:
(A) both parents are deceased or medically incapacitated; and
(B) the best interests of the child require that a guardian be appointed without delay and before a hearing is held.
(2) If the court grants an emergency guardianship petition pursuant to subdivision (1) of this subsection (f), it shall schedule a hearing on the petition as soon as practicable and in no event more than three business days after the petition is filed. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2017, No. 11, § 33.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2626. Consensual guardianship

§ 2626. Consensual guardianship
(a) If the petition requests a consensual guardianship, the petition shall include a consent signed by the custodial parent or parents verifying that the parent or parents understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship. The consent required by this subsection shall be on a form approved by the Court Administrator.
(b) On or before the date of the hearing, the parties shall file an agreement between the proposed guardian and the parents. The agreement shall address:
(1) the responsibilities of the guardian;
(2) the responsibilities of the parents;
(3) the expected duration of the guardianship, if known; and
(4) parent-child contact and parental involvement in decision making.
(c) Vermont Rule of Probate Procedure 43 (relaxed rules of evidence in probate proceedings) shall apply to hearings under this section.
(d) The court shall grant the petition if it finds after the hearing by clear and convincing evidence that:
(1) the child is a child in need of guardianship as defined in subdivision 2622(2)(A) of this title;
(2) the child’s parents had notice of the proceeding and knowingly and voluntarily consented to the guardianship;
(3) the agreement is voluntary;
(4) the proposed guardian is suitable; and
(5) the guardianship is in the best interests of the child.
(e) If the court grants the petition, it shall approve the agreement at the hearing and issue an order establishing a guardianship under section 2628 of this title. The order shall be consistent with the terms of the parties’ agreement unless the court finds that the agreement was not reached voluntarily or is not in the best interests of the child. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2627. Nonconsensual guardianship

§ 2627. Nonconsensual guardianship
(a) If the petition requests a nonconsensual guardianship, the burden shall be on the proposed guardian to establish by clear and convincing evidence that the child is a child in need of guardianship as defined in subdivision 2622(2)(B) of this title.
(b) The Vermont Rules of Evidence shall apply to a hearing under this section.
(c) The court shall grant the petition if it finds after the hearing by clear and convincing evidence that the proposed guardian is suitable and that the child is a child in need of guardianship as defined in subdivision 2622(2)(B) of this title.
(d) If the court grants the petition, it shall issue an order establishing a guardianship under section 2628 of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2628. Guardianship order

§ 2628. Guardianship order
(a) If the court grants a petition for guardianship of a child under subsection 2626(d) or 2627(d) of this title, the court shall enter an order establishing a guardianship and naming the proposed guardian as the child’s guardian.
(b) A guardianship order issued under this section shall include provisions addressing the following matters:
(1) the powers and duties of the guardian consistent with section 2629 of this title;
(2) the expected duration of the guardianship, if known;
(3) a family plan on a form approved by the Court Administrator that:
(A) in a consensual case is consistent with the parties’ agreement; or
(B) in a nonconsensual case includes, at a minimum, provisions that address parent-child contact consistent with section 2630 of this title; and
(4) the process for reviewing the order consistent with section 2631 of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2629. Powers and duties of guardian

§ 2629. Powers and duties of guardian
(a) The court shall specify the powers and duties of the guardian in the guardianship order.
(b) The duties of a custodial guardian shall include the duty to:
(1) take custody of the child and establish his or her place of residence, provided that a guardian shall not change the residence of the child to a location outside the State of Vermont without prior authorization by the court following notice to the parties and an opportunity for hearing;
(2) make decisions related to the child’s education;
(3) make decisions related to the child’s physical and mental health, including consent to medical treatment and medication;
(4) make decisions concerning the child’s contact with others, provided that the guardian shall comply with all provisions of the guardianship order regarding parent-child contact and contact with siblings;
(5) receive funds paid for the support of the child, including child support and government benefits; and
(6) file an annual status report to the Probate Division, with a copy to each parent at his or her last known address, including the following information:
(A) the current address of the child and each parent;
(B) the child’s health care and health needs, including any medical and mental health services the child received;
(C) the child’s educational needs and progress, including the name of the child’s school, day care, or other early education program, the child’s grade level, and the child’s educational achievements;
(D) contact between the child and his or her parents, including the frequency and duration of the contact and whether it was supervised;
(E) how the parents have been involved in decision making for the child;
(F) how the guardian has carried out his or her responsibilities and duties, including efforts made to include the child’s parents in the child’s life;
(G) the child’s strengths, challenges, and any other areas of concern; and
(H) recommendations with supporting reasons as to whether the guardianship order should be continued, modified, or terminated. (Added 2013, No. 170 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2630. Parent-child contact

§ 2630. Parent-child contact
(a) The court shall order parent-child contact unless it finds that denial of parent-child contact is necessary to protect the physical safety or emotional well-being of the child. Except for good cause shown, the order shall be consistent with any existing parent-child contact order. The order should permit the child to have contact of reasonable duration and frequency with the child’s siblings, if appropriate.
(b) The court may determine the reasonable frequency and duration of parent-child contact and may set conditions for parent-child contact that are in the child’s best interests.
(c) The court may modify the parent-child contact order upon motion of a party or upon the court’s own motion, or if the parties stipulate to the modification. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2631. Reports; review hearing

§ 2631. Reports; review hearing
(a) The guardian shall file an annual status report to the Probate Division pursuant to subdivisions 2629(b)(4) and 2629(c)(5) of this title, and shall provide copies of the report to each parent at his or her last known address. The court may order that a status report be filed more frequently than once per year.
(b) The Probate Division may set a hearing to review a report required by subsection (a) of this section or to determine progress with the family plan required by subdivision 2628(b)(3) of this title. The court shall provide notice of the hearing to all parties and interested persons. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2632. Termination

§ 2632. Termination
(a) A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the Probate Division that issued the guardianship order and served on all parties and interested persons.
(b)(1) If the motion to terminate is made with respect to a consensual guardianship established under section 2626 of this title, the court shall grant the motion and terminate the guardianship unless the guardian files a motion to continue the guardianship within 30 days after the motion to terminate is served.
(2) If the guardian files a motion to continue the guardianship, the matter shall be set for hearing and treated as a nonconsensual guardianship proceeding under section 2627 of this title. The parent shall not be required to show a change in circumstances, and the court shall not grant the motion to continue the guardianship unless the guardian establishes by clear and convincing evidence that the minor is a child in need of guardianship under subdivision 2622(2)(B) of this title.
(3) If the court grants the motion to continue, it shall issue an order establishing a guardianship under section 2628 of this title.
(c)(1) If the motion to terminate the guardianship is made with respect to a nonconsensual guardianship established under section 2627 or subdivision 2632(b)(3) of this title, the court shall dismiss the motion unless the parent establishes that a change in circumstances has occurred since the previous guardianship order was issued.
(2) If the court finds that a change in circumstances has occurred since the previous guardianship order was issued, the court shall grant the motion to terminate the guardianship unless the guardian establishes by clear and convincing evidence that the minor is a child in need of guardianship under subdivision 2622(2)(B) of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2633. Appeals

§ 2633. Appeals
Notwithstanding 12 V.S.A. § 2551 or 2553, the Vermont Supreme Court shall have appellate jurisdiction over orders of the Probate Division issued under this article. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2634. Department for Children and Families policy

§ 2634. Department for Children and Families policy
The Department for Children and Families shall adopt a policy defining its role with respect to families who establish a guardianship under this article. The policy shall be consistent with the following principles:
(1) The Family Services Division shall maintain a policy ensuring that when a child must be removed from his or her home to ensure the child’s safety, the Division will pursue a CHINS procedure promptly if there are sufficient grounds under 33 V.S.A. § 5102.
(2) When the Family Services Division is conducting an investigation or assessment related to child safety and the child may be a child in need of care and supervision as defined in 33 V.S.A. § 5102(3), the Division shall not make any recommendation regarding whether a family should pursue a minor guardianship. The staff may provide referrals to community-based resources for information regarding minor guardianships.
(3) In response to a request from the Probate judge, the Family Services Division social worker shall attend a minor guardianship hearing and provide information relevant to the proceeding.
(4) If a minor guardianship is established during the time that the Family Services Division has an open case involving the minor, the social worker shall inform the guardian and the parents about services and supports available to them in the community and shall close the case within a reasonable time unless a specific safety risk is identified. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2667. Order for visitation, contact, or information; immediate harm to the minor

§ 2667. Order for visitation, contact, or information; immediate harm to the minor
(a) The Probate Division of the Superior Court shall have exclusive jurisdiction to hear any action to enforce, modify, or terminate the initial order issued by the Family Division of the Superior Court for visitation, contact, or information.
(b) Upon a showing by affidavit of immediate harm to the child, the Probate Division of the Superior Court may temporarily stay the order of visitation or contact on an ex parte basis until a hearing can be held, or stay the order of permanent guardianship and transfer legal custody of the child to the Commissioner for Children and Families.
(1) 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.
(2) The Probate Division shall then immediately notify the Department for Children and Families, the State’s Attorney, and the Family Division when it has issued an order transferring the child’s legal custody to the Commissioner, and nothing in this subsection shall prohibit the State from commencing proceedings under 33 V.S.A. chapters 51-53.
(c) Nothing in this section shall limit the jurisdiction of the Family Division of the Superior Court to enter an abuse prevention order pursuant to 15 V.S.A. chapter 21. A breach by the permanent guardian of an order for visitation, contact or information shall not be grounds for voiding or terminating the permanent guardianship. However, the court may enforce the order with all the powers and remedies of the court, including contempt.
(d) A modification of an order of visitation or contact shall be based upon a finding by a preponderance of the evidence that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interests of the child. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 97 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238; No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2015, No. 153 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2681. Spendthrift, defined

§ 2681. Spendthrift, defined
The word “spendthrift” shall be held to include every person who is liable to be put under guardianship on account of excessive drinking, gambling, idleness, or debauchery.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2684. Spendthrift; hearing; notice

§ 2684. Spendthrift; hearing; notice
When a petition is filed for the appointment of a guardian under section 2682 of this title, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended 1979, No. 76, § 16; 1985, No. 144 (Adj. Sess.), § 124; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2685. Decree; appeal

§ 2685. Decree; appeal
On hearing the parties interested, the court shall make decree in the premises as appears just. The person complained of may appeal from such decree without giving bond, but during the pendency thereof, the person so appointed shall act as guardian.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2687. Expense of resisting application

§ 2687. Expense of resisting application
When the Probate Division of the Superior Court appoints a guardian for a spendthrift or a mentally disabled person, it may allow for the expenses of the ward in defending against the petition such sum out of the ward’s estate as appears to be reasonable. (Amended 1979, No. 76, § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2690. Guardian to give notice that ward’s contracts and transfers will be void

§ 2690. Guardian to give notice that ward’s contracts and transfers will be void
As soon as possible after appointment, the guardian of a spendthrift shall give notice of the appointment as provided by the Rules of Probate Procedure and shall give similar notice that contracts made by the ward will be held void. Contracts, gifts, sales, or transfers of real or personal estate made by the ward after the date of appointment of the guardian shall be void. (Amended 1979, No. 76, § 18; 1985, No. 144 (Adj. Sess.), § 126.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2691. Spouse to support and have custody

§ 2691. Spouse to support and have custody
The appointment of a guardian for a person who is married shall not relieve the ward’s spouse from liability to support the spouse, nor shall it deprive the spouse of the custody of the ward provided the spouse is suitable and competent to care for the ward. (Amended 1979, No. 76, § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2692. Extent of guardian’s control

§ 2692. Extent of guardian’s control
Until they are legally discharged, guardians of spendthrifts shall have the possession and management of the estates of their wards. (Amended 1979, No. 76, § 19.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2693. Married woman may be guardian

§ 2693. Married woman may be guardian
A married woman may be appointed guardian of her husband or of any other person under the provisions of this chapter and, when so appointed, shall have the same rights, powers, and privileges and be subject to the same liabilities as if she were unmarried.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2711. Nonresidents; powers of guardian

§ 2711. Nonresidents; powers of guardian
When on the petition of a nonresident person, or other person interested in the welfare of that person, it appears that the person owns or has an interest in real or personal estate situated in this State, and that the person, if a resident, would be liable to be put under guardianship under any of the provisions of this chapter, the Probate Division of the Superior Court may appoint a guardian as to the property of that person within this State. As to such property, the guardian shall have the same powers, rights, and duties as a guardian appointed for a person residing within the State. (Amended 1985, No. 144 (Adj. Sess.), § 127; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2712. Hearing

§ 2712. Hearing
When petition is made for the appointment of a guardian under section 2711 of this title, the Probate Division of the Superior Court shall proceed under the Rules of Probate Procedure as in cases of the appointment of guardians of resident mentally disabled persons. (Amended 1971, No. 185 (Adj. Sess.), § 179, eff. March 29, 1972; 1979, No. 76, § 6; 1985, No. 144 (Adj. Sess.), § 128; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2751. Bonds; how conditioned

§ 2751. Bonds; how conditioned
Before acting as such, a guardian appointed by the Probate Division of the Superior Court shall give a bond with sureties in a sum as the court directs, conditioned as follows:
(1) to make a true inventory of the real and personal estate of the ward coming to the guardian’s possession or knowledge and file the original with the court and serve copies of it as provided by the Rules of Probate Procedure;
(2) to manage and dispose of the estate and effects according to law and for the best interest of the ward and faithfully discharge the trust in relation thereto;
(3) to render an account of the property of the ward in the guardian’s hands, including the proceeds of real estate sold by the guardian, and of the management and disposition of the same, within one year after appointment, if the ward has real or personal estate, or within one year after such estate comes to the guardian’s possession or knowledge, and at other times as the court directs;
(4) at the expiration of the trust, to render and settle the account and pay over and deliver the estate and effects remaining in the guardian’s hands or due from settlement to the persons legally entitled to the same. (Amended 1985, No. 144 (Adj. Sess.), § 129; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)