reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2752. To respond for principal only; court may order income paid to parent

§ 2752. To respond for principal only; court may order income paid to parent
When minor children inherit real or personal estate as the representatives of a deceased parent, or take the same by will, and the living parent of the children as guardian has the custody of their persons and estates, if the Probate Division of the Superior Court directs, the guardian shall furnish a bond to respond and pay the principal of the estate only. The income of the estate shall be expended at the discretion of the guardian for the benefit of the children without account to the court. When a person other than a parent of the children is their guardian and has the custody of their estates only, the court, from time to time, may order and direct the guardian to pay over to the parent of the children the part of the income of their estates, to be expended for their benefit as to the court seems just, in view of the relative value of the estate of the parent and the children. (Amended 1985, No. 144 (Adj. Sess.), § 130; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2753. Additional bond

§ 2753. Additional bond
At any time the Probate Division of the Superior Court may require an additional bond of such guardian, to respond both principal and income, if the interest of the wards requires it. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2754. New bond

§ 2754. New bond
A ward, the heir apparent of a ward, or a person interested in the welfare of a ward, as defined in section 3061 of this title, may file a motion with the Probate Division of the Superior Court to require the guardian to give a new and sufficient bond. If it appears to the court that the bond is insufficient, the court may order the guardian to give a new and sufficient bond. When it appears on the motion of a surety in a guardian’s bond that the surety is liable to be injured thereby, the court may discharge the surety from future responsibility and order the guardian to give a new bond. After being notified of the order, if the guardian does not give a new bond, the court may remove the guardian and appoint some other person. (Amended 1985, No. 144 (Adj. Sess.), § 131; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2755. Limitation of action on bond

§ 2755. Limitation of action on bond
An action shall not be maintained against the sureties in a bond given by a guardian, unless it is commenced within four years from the time the guardian is discharged. If the person entitled to commence the action is out of the State at the time of such discharge, he or she may commence such action within four years from the time he or she comes into the State.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2791. Inventory

§ 2791. Inventory
When his or her ward has estate, real or personal, a guardian appointed by the Probate Division of the Superior Court shall make and return an inventory thereof, agreeably to the condition of his or her bond. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2792. Appraisal to be made; exception

§ 2792. Appraisal to be made; exception
Except in the following cases, such guardian shall cause the estate to be appraised by two or more disinterested persons, to be appointed by the Probate Division of the Superior Court:
(1) when all the estate of the ward is in money, stocks, notes or other demands;
(2) when the ward is a minor, and his or her estate, besides money, stocks, notes or other demands does not amount to the sum of $50.00;
(3) when the value of the estate appears by the records of the court to which the inventory is returnable. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2794. Citation of person suspected of embezzling or secreting

§ 2794. Citation of person suspected of embezzling or secreting
If a guardian, ward, creditor or heir apparent of a ward files a motion complaining to the Probate Division of the Superior Court that a person is suspected of having concealed, embezzled, or conveyed away money, goods, or chattels of the ward, or that such person has possession or knowledge of deeds or other writings that would furnish evidence of a right, title, interest, or claim of the ward in or to real or personal estate, the court may cite that person to appear before it to be examined on oath upon the matter. (Amended 1979, No. 76, § 7; 1985, No. 144 (Adj. Sess.), § 132; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2795. Commitment for disobedience; examination

§ 2795. Commitment for disobedience; examination
If the person so cited does not appear and submit to examination, or answer lawful interrogatories, the Probate Division of the Superior Court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. Interrogatories shall be in writing, signed by the party examined, and filed in the court. (Amended 1985, No. 144 (Adj. Sess.), § 133; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2797. Guardian to manage estate and maintain ward

§ 2797. Guardian to manage estate and maintain ward
A guardian shall manage the estate of his or her ward frugally and without waste and in a manner most beneficial to the ward and out of the estate of his or her ward shall provide for the maintenance of the ward and his or her family, according to his or her condition and property.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2798. Guardian may sell personalty and support ward

§ 2798. Guardian may sell personalty and support ward
When it is necessary or for the interest of his or her ward, the guardian shall sell his or her personal estate. Out of the proceeds, and the income of his or her real estate, if sufficient, such guardian shall pay the necessary expenses of the maintenance and education of his or her ward.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2800. Disputed claim may be referred

§ 2800. Disputed claim may be referred
When there is a disputed claim between a guardian, on behalf of the ward, and any other person, with the consent of the parties in writing the Probate Division of the Superior Court may refer it to a master as provided by the Rules of Probate Procedure. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 144 (Adj. Sess.), § 134; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2801. Guardian may discharge mortgage; consent to sale of realty

§ 2801. Guardian may discharge mortgage; consent to sale of realty
On payment to him of the sum due on a real estate mortgage, a guardian may give an acquittance or release of the claim of his ward as mortgagee or assignee under such mortgage, and may give the consent of his ward to the sale of real estate when such consent is required by law.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2802. Partition of estate of which ward has an undivided interest

§ 2802. Partition of estate of which ward has an undivided interest
When a ward is joint tenant or tenant in common with others, the ward’s guardian may agree with the other joint tenants or tenants in common, to make partition of the lands so held. When that agreement is made in writing and filed with the Probate Division of the Superior Court, the Probate Division of the Superior Court may make the partition. A certified copy thereof shall be recorded in the office where by law a deed of those lands is required to be recorded, and the partition shall be binding on the ward, the ward’s heirs and assigns and on the parties to the agreement. (Amended 1971, No. 179 (Adj. Sess.), § 9; 1985, No. 144 (Adj. Sess.), § 135; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2803. Court may order personalty sold and proceeds invested in real estate

§ 2803. Court may order personalty sold and proceeds invested in real estate
(a) On motion of a guardian, a ward, or relative of a ward, or of a person interested in a ward’s estate, by order, the Probate Division of the Superior Court may authorize or require the guardian to sell and transfer stock or other personal estate of the ward, collect demands, and invest in real estate the proceeds and the monies in the hands of the guardian, if the court deems it beneficial to the ward.
(b) The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended 1979, No. 76, § 8; 1985, No. 144 (Adj. Sess.), § 136; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2804. Court may order estate paid to guardian in other state

§ 2804. Court may order estate paid to guardian in other state
When a minor or other person having a guardian appointed by a Probate Division of the Superior Court in this State, has a guardian in another state or country, and it appears to the Probate Division of the Superior Court having jurisdiction in this State that it is necessary and would be beneficial to the interests of such ward to use a part or all of his or her estate in this State to protect his or her interests and property in the other state or country, such court may order the guardian in this State to pay over to the guardian in the other state or country such part of the ward’s estate in this State as may be necessary to protect the ward’s interests in such other state or country. Such an order shall not be made unless it appears to the Probate Division of the Superior Court that the guardian in such other state or country has by bond or otherwise given satisfactory security for the faithful execution of his or her trust. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2841. Limiting time for payment of debts

§ 2841. Limiting time for payment of debts
When a ward owes debts at the time of the appointment of his or her guardian, the Probate Division of the Superior Court may allow the guardian a reasonable time, not exceeding one year, to dispose of the estate and collect the demands for the ward and pay such debts. In the discretion of the court, such time may be extended so as not to exceed two years in the whole. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2842. Realty to be taken when personalty exhausted

§ 2842. Realty to be taken when personalty exhausted
The personal estate of the ward shall be first used for the payment of his or her debts. If the personal estate and the income of his or her real estate are not sufficient, such expenses and debts shall be paid out of the real estate, when sold, according to law.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2843. Claims, time for presenting limited; when barred

§ 2843. Claims, time for presenting limited; when barred
On motion of the guardian, the Probate Division of the Superior Court may make an order requiring creditors of a ward to present their claims to the guardian for payment within a time to be limited by the court, which time shall not be more than 18 months nor less than six months. Notice shall be given as provided by the Rules of Probate Procedure. Claims not presented within the time limited shall be barred as against the guardian, unless after notice of the claims, there is estate in the guardian’s hands sufficient to pay all the debts against the ward. (Amended 1985, No. 144 (Adj. Sess.), § 137; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2846. Court may order dividend

§ 2846. Court may order dividend
At the expiration of the time limited for creditors to present their claims, if it appears that the ward has not estate sufficient to pay his or her debts, the Probate Division of the Superior Court shall order the effects in the hands of the guardian for that purpose to be divided among the creditors in proportion to their claims. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2847. Allowance to guardian

§ 2847. Allowance to guardian
Before making a dividend, the court may allow to the guardian, out of the estate of the ward, a reasonable sum for his expenses in the management and settlement of the property for expenses in taking care of the person and family of the ward during the settlement, and for wearing apparel of the ward and his or her family.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2848. After dividend, claims barred as to guardian; exception

§ 2848. After dividend, claims barred as to guardian; exception
After the dividend is made, the creditors shall have no further claim against the guardian on their demands, except where estate of the ward afterwards comes to his or her possession or knowledge. In such case, the court may make another dividend among the creditors.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2850. Ward not to be sued; action commenced before appointment may proceed

§ 2850. Ward not to be sued; action commenced before appointment may proceed
A writ or execution shall not be issued against a ward for a debt while he or she is under guardianship; but actions commenced against a person before the appointment of his guardian may be prosecuted to final judgment. A creditor may have execution against the real or personal estate of the ward on which he or she had a previous lien by attachment, and such real or personal estate may be disposed of according to law to satisfy such execution.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2881. Real estate; when may be sold

§ 2881. Real estate; when may be sold
The Probate Division of the Superior Court may authorize guardians to sell a part or all of the lands of their wards or the interest of such wards in real estate, vested or contingent, in the following cases:
(1) when the personal estate of a ward is insufficient to pay the expenses of maintaining the ward and his or her family, or of educating a minor ward as his or her circumstances require;
(2) when the personal estate of a ward is insufficient to pay his or her debts contracted before or after the appointment of his or her guardian;
(3) when it appears to the court conducive to the interest of the ward to sell the real estate, or an interest vested or contingent in the real estate and put the proceeds at interest or invest it in stocks or in real estate. (Amended 1979, No. 76, § 9; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2882. Regulations under which license granted

§ 2882. Regulations under which license granted
As provided in section 2881 of this title, the order of a Probate Division of the Superior Court licensing the sale of lands of wards shall be made under the following regulations:
(1) On motion of the guardian for license to sell, the probate division of the superior court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
(2) At the hearing, the guardian shall produce evidence of the value of the estate to be sold, the interest of the ward therein and of the necessity of sale.
(3) Before license is granted and if the court requires, the guardian shall give a bond with sufficient sureties, in a sum double the value of the land to be sold, conditioned to account for the proceeds of the sale, according to law, and shall also be sworn to sell the estate as judged will be most beneficial to the ward. A certificate of the oath made by the authority administering it shall be returned to the Probate Division of the Superior Court before the license issues.
(4) If the foregoing requisites are complied with, the court may order a public or private sale of the lands of the ward or an interest in the same, or such part thereof as the court deems necessary, and shall furnish the guardian with a certified copy of its order.
(5) If the court directs a public sale, the order shall designate the mode of giving notice of the time and place thereof, and the sale shall be in the town where the lands lie.
(6) The order of sale shall state that the requisites mentioned in subdivisions (1)-(3) of this section have been complied with. A copy thereof shall be recorded, previous to the sale, in the office where a deed of such lands is required to be recorded. (Amended 1985, No. 144 (Adj. Sess.), § 138; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2884. Deed, effect of

§ 2884. Deed, effect of
A deed executed by a guardian of the lands of his or her ward under such order of sale shall be valid and shall convey the interest of the ward in the lands, whether vested or contingent.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2885. Guardian to report sale

§ 2885. Guardian to report sale
Within three months after a sale of real estate of his or her ward under a license, a guardian shall make report of his or her proceedings, setting forth the time and manner of sale, the person to whom and the price for which it was sold and a description of each parcel sold. Such report shall be filed and docketed in the Probate Division, but neglect to make the report shall not affect the title to the lands sold. (Amended 1971, No. 179 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2886. License when guardian or ward resides out of state

§ 2886. License when guardian or ward resides out of state
On motion to the Probate Division of the Superior Court for an order to sell the real estate of a ward, when the sale is necessary or conducive to the interests of that person, a license may be granted as provided in this chapter, although the guardian making the motion, or the ward, or both, reside out of the State. (Amended 1979, No. 76, § 10; 1985, No. 144 (Adj. Sess.), § 139; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2887. Conveyance of land that ward was under contract to convey

§ 2887. Conveyance of land that ward was under contract to convey
When a person, while not under guardianship, was under contract binding in law or equity to deed lands, on motion, the Probate Division of the Superior Court may grant license to the guardian of that person to convey those lands according to the contract. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended 1979, No. 76, § 11; 1985, No. 144 (Adj. Sess.), § 140; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2888. License not to be granted to creditors’ injury

§ 2888. License not to be granted to creditors’ injury
The license shall not be granted if it appears to the court that the conveyance would so reduce the assets in the hands of the guardian as to lessen the amount that creditors would receive from the estate of the ward.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2889. If guardian grantee, judge to convey; deed, effect of

§ 2889. If guardian grantee, judge to convey; deed, effect of
If the contract is to convey lands to the guardian, the judge of the Probate Division shall execute the deed. Such deed, or the deed of the guardian, as the case may be, shall be as effectual to convey the lands as if executed by the ward when not under guardianship. (Amended 1979, No. 76, § 12.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2890. Lands held in trust to be conveyed to beneficiary

§ 2890. Lands held in trust to be conveyed to beneficiary
When a person, while not under guardianship, held lands in trust for another person, or where lands have been set off on execution to a ward on a debt in the name of the ward but being the debt of some other person, and not belonging to the ward, upon motion, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. The court may grant license to the guardian to deed the lands to the person for whose benefit they are held. The court may decree the execution of the trust, whether created by deed or by law. (Amended 1979, No. 76, § 13; 1985, No. 144 (Adj. Sess.), § 141; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2891. When guardian dies or is removed pending sale, new license

§ 2891. When guardian dies or is removed pending sale, new license
If the guardian dies, resigns, or is removed before the completion of a sale of real estate under a license, within two years from the time of granting the same, the court may issue a new license to his successor without further notice or hearing.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2921. Accounts, time

§ 2921. Accounts, time
Within one year after his or her appointment and annually thereafter and at such other times as the Probate Division of the Superior Court directs, a guardian whose ward has real or personal estate shall render and settle with the court an account of the proceeds and expenditure of his or her ward’s estate. At the expiration of his or her trust, such guardian shall render and settle with the Probate Division of the Superior Court his or her account of the property of his or her ward, including the income and proceeds of the sale of his or her personal and real estate, and pay over and deliver to persons entitled to the same the estate and effects remaining in his or her hands, or due from him or her on such settlements. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2922. By guardian of nonresident ward

§ 2922. By guardian of nonresident ward
When a minor or other person has a guardian in this State, but resides in another state or country, and it is shown to the court that such minor or other person has a guardian in the state or country where he or she resides, and that such guardian, by bond or otherwise, has given satisfactory security for the faithful performance of his or her trust, the court may order the first named guardian to settle his or her account and pay over the estate of his or her ward to the nonresident guardian, if it appears to the court that such transfer will be for the interests of the ward.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2923. Property may be ordered into hands of nonresident guardian; proceedings

§ 2923. Property may be ordered into hands of nonresident guardian; proceedings
(a) When a guardian and ward are nonresidents and the ward is entitled to property in this State, the guardian may petition the Probate Division of the Superior Court for removal of the property. The petition shall set forth that the removal of the property of the ward will not conflict with the terms and limitations of the right by which the ward owns the same nor be prejudicial to the ward’s interests therein. The petition shall be accompanied by a complete transcript from the records of a court of competent jurisdiction of the state in which the guardian and ward reside, duly exemplified or authenticated, showing appointment as guardian of the ward and that, by bond or otherwise, satisfactory security has been given for the faithful execution of the trust.
(b) The transcript shall be filed in the court, and the guardian shall thereupon be entitled to receive letters or a certificate of guardianship of the estate of the ward from the court, which shall authorize the guardian to demand, sue for, and recover property and remove the same to the other state.
(c) The court may order a resident guardian, executor, or administrator, having any of the estate of the ward, to deliver the same to the nonresident guardian, provided that all debts in favor of residents or citizens of this State, known to exist against the estate, whether due or to become due, have first been paid or tendered. (Amended 1971, No. 179 (Adj. Sess.), § 11; 1985, No. 144 (Adj. Sess.), § 142; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2924. Same; exception

§ 2924. Same; exception
Section 2923 of this title shall not apply if the parent of the ward, being a resident of this State at the time of death, has appointed a guardian for the ward by last will and testament and the guardian resides in this State at the time the petition provided for in section 2923 is made, unless the consent of the testamentary guardian to the removal of the property is satisfactorily shown to the Probate Division of the Superior Court to which the petition is made. (Amended 1985, No. 144 (Adj. Sess.), § 143; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2925. Guardian to swear to correctness of account

§ 2925. Guardian to swear to correctness of account
The Probate Division of the Superior Court shall examine every guardian upon oath as to the truth and correctness of an account before the same is allowed by the court. However, in its discretion, the court may dispense with such examination when objection is not made to the allowance of the account. (Amended 1985, No. 144 (Adj. Sess.), § 144; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2926. Surety may intervene as party; rights of surety

§ 2926. Surety may intervene as party; rights of surety
Upon the settlement of a guardian’s account, any person interested as surety in respect to the account may intervene as a party to the accounting with the same rights as the surety of an administrator in like cases. (Amended 1985, No. 144 (Adj. Sess.), § 145.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2927. Remedy, after guardian’s discharge, reexamination of accounts

§ 2927. Remedy, after guardian’s discharge, reexamination of accounts
After the trust of a guardian is terminated, if the ward or the ward’s legal representatives are dissatisfied with the account as allowed by the Probate Division of the Superior Court during the continuance of the trust, within two years, and if the ward or the legal representatives do not at the time of the termination of the trust reside in this State, within four years thereafter, they may file a motion to reopen the estate for a reexamination of the account. After notice as provided by the Rules of Probate Procedure, the court shall reexamine accounts previously allowed. A party may appeal from the decision of the Probate Division to the Civil Division of the Superior Court. The final allowance of accounts in these proceedings shall be conclusive between the parties. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 144 (Adj. Sess.), § 146; 2009, No. 154 (Adj. Sess.), § 124, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2928. Death of ward

§ 2928. Death of ward
Whenever a person dies while under guardianship, the guardian may pay so much of the burial expenses as the guardian is able from the funds in his or her hands and make final account to the Probate Division of the Superior Court. (Amended 1985, No. 144 (Adj. Sess.), § 147; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2961. Previous acts confirmed and compensation allowed, on being lawfully appointed

§ 2961. Previous acts confirmed and compensation allowed, on being lawfully appointed
If a person who has acted as guardian under an appointment void or voidable by reason of the incapacity of the judge or register of probate to make such appointment, shall afterwards be lawfully appointed guardian of the ward named in such void or voidable appointment, the Probate Division of the Superior Court making such lawful appointment may ratify and confirm the acts, approve and allow the accounts, and allow full compensation for the services of such person while acting under such previous appointment, if it appears that such person has acted in good faith and executed the supposed trust as required by law. (Added 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2962. Good faith

§ 2962. Good faith
A person who has acted in good faith as guardian under an appointment void or voidable may render an account as guardian to the court in which the proceeding is pending. If it appears that the person accepted and acted under appointment in good faith and has executed the supposed trust as required by law, the court shall confirm the acts, allow the accounts, and allow full compensation for the services of the person, and may allow and confirm all accounts of the person, which have been previously examined and allowed if the accounts are found correct and just. (Amended 1985, No. 144 (Adj. Sess.), § 148.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2963. Conveyances valid

§ 2963. Conveyances valid
When the acts of a guardian under a void or voidable appointment are confirmed, as provided in sections 2961 and 2962 of this title, all sales of the real estate of the supposed ward previously made under a license issued by the Probate Division of the Superior Court shall be valid and of full force from the date of sale. (Amended 1985, No. 144 (Adj. Sess.), § 149; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2964. Bond

§ 2964. Bond
A bond given to a Probate Division of the Superior Court by a guardian under a void or voidable appointment shall be valid. If he or she is appointed guardian, as provided in section 2961 of this title, a new bond need not be required, if, in the opinion of the Probate Division of the Superior Court, the first bond given is sufficient. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3001. Removal; resignation; marriage of guardian; vacancies

§ 3001. Removal; resignation; marriage of guardian; vacancies
If a guardian for a minor neglects to render an account as required by the Vermont Rules of Probate Procedure or to appear, or to perform an order or decree of the Probate Division of the Superior Court, or absconds or becomes mentally disabled or otherwise incapable or unsuitable to discharge the trust, the Probate Division of the Superior Court may remove or may allow the guardian to resign. Marriage shall not extinguish a guardian’s authority. When a guardianship becomes vacant, the court may make a new appointment. (Amended 1979, No. 76, § 14; 1985, No. 144 (Adj. Sess.), § 150; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3002. Minor ward’s marriage; exception

§ 3002. Minor ward’s marriage; exception
The marriage of a minor under guardianship shall discharge the guardian from all right to custody and education, but not from a right to property of the ward. (Amended 1985, No. 144 (Adj. Sess.), § 151; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3003. Parent may move for guardian’s removal; notice

§ 3003. Parent may move for guardian’s removal; notice
When, by reason of the incapacity or unsuitableness of a parent to have the custody and education of a minor child, another person has been appointed guardian of the minor, the parent may, at any time, file a motion for the removal of the guardian. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended 1985, No. 144 (Adj. Sess.), § 152; 2013, No. 96 (Adj. Sess.), § 64.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3004. Court may revoke

§ 3004. Court may revoke
Upon hearing, if the Probate Division of the Superior Court is of the opinion that the parent is then a proper person to have the care and custody of the child, it shall revoke the guardianship and order the guardian to deliver the custody of the child to the parent within a time it judges reasonable. (Amended 1985, No. 144 (Adj. Sess.), § 153; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3005. Guardian refusing to give up ward, committed

§ 3005. Guardian refusing to give up ward, committed
If the guardian does not obey the order, the court may issue a warrant directed to any sheriff or constable requiring him or her to apprehend and commit the guardian to the Commissioner of Corrections until he or she performs the order or is discharged by law.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3011. Special fiduciary

§ 3011. Special fiduciary
When a guardian fails to perform duties required by law, the Rules of Probate Procedure, or order of the court, the Probate Division of the Superior Court may suspend the guardian from further duties and appoint a special fiduciary to assume temporarily the powers and duties of the guardian replaced. A special fiduciary shall give a bond as is otherwise required in the proceeding. (Added 1985, No. 144 (Adj. Sess.), § 155; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3060. Policy

§ 3060. Policy
Guardianship shall be utilized only as necessary to promote the well-being of the individual and to protect the individual from violations of his or her human and civil rights. It shall be designed to encourage the development and maintenance of maximum self-reliance and independence in the individual and only the least restrictive form of guardianship shall be ordered to the extent required by the individual’s actual mental and adaptive limitations. The State of Vermont recognizes the fundamental right of an adult with capacity to determine the extent of health care the individual will receive. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)