reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3161. Definitions; significant connection factors

§ 3161. Definitions; significant connection factors
(a) In this subchapter:
(1) “Emergency” means a circumstance that likely will result in serious and irreparable harm to a respondent’s physical health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.
(2) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under section 3163 and subsection 3171(e) of this title whether a respondent has a significant connection with a particular state, the Probate Division shall consider:
(1) the location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent’s property; and
(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, or receipt of services. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3162. Exclusive basis

§ 3162. Exclusive basis
This subchapter provides the exclusive jurisdictional basis for a Probate Division of the Superior Court of this State to appoint a guardian or issue a protective order for an adult. The Probate Division of the Superior Court shall have exclusive original jurisdiction to determine whether this State has jurisdiction pursuant to this subchapter. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3163. Jurisdiction

§ 3163. Jurisdiction
A Probate Division of the Superior Court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this State is the respondent’s home state;
(2) on the date the petition is filed, this State is a significant-connection state and:
(A) the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this State is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Probate Division makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent’s home state;
(ii) an objection to the Probate Division’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the Probate Division of the Superior Court in this State concludes that it is an appropriate forum under the factors set forth in section 3166 of this title;
(3) this State does not have jurisdiction under either subdivision (1) or (2) of this section, the respondent’s home state, and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4) the requirements for special jurisdiction under section 3164 of this title are met. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3164. Special jurisdiction

§ 3164. Special jurisdiction
(a) A Probate Division of the Superior Court of this State lacking jurisdiction under section 3163 of this title has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this State;
(2) issue a protective order with respect to real or tangible personal property located in this State;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 3171 of this title.
(b) If a petition for the appointment of a guardian in an emergency is brought in this State and this State was not the respondent’s home state on the date the petition was filed, the Probate Division shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3165. Exclusive and continuing jurisdiction

§ 3165. Exclusive and continuing jurisdiction
Except as otherwise provided in section 3164 of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive jurisdiction over the proceeding until jurisdiction is terminated by the Probate Division or the appointment or order expires by its own terms. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3166. Appropriate forum

§ 3166. Appropriate forum
(a) A Probate Division of the Superior Court of this State having jurisdiction under section 3163 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a Probate Division of the Superior Court of this State declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The Probate Division may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the Probate Division shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent’s estate;
(6) the nature and location of the evidence;
(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3167. Jurisdiction declined by reason of conduct

§ 3167. Jurisdiction declined by reason of conduct
(a) If at any time a Probate Division of the Superior Court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the Probate Division’s jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 3166(c) of this title; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 3163 of this title.
(b) If a Probate Division of the Superior Court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against the party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this chapter. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3168. Notice of proceeding

§ 3168. Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, the petitioner shall comply with the notice requirements of this State and shall give notice of the petition to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state. The notice must be given in the same manner as notice is required to be given in this State. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3169. Proceedings in more than one state

§ 3169. Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the Probate Division of the Superior Court in this State has jurisdiction under section 3163 of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 3163 of this title before the appointment or issuance of the order.
(2) If the Probate Division of the Superior Court in this State does not have jurisdiction under section 3163 of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Probate Division shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Probate Division in this State shall dismiss the petition unless the court in the other state determines that the Probate Division of the Superior Court in this State is a more appropriate forum. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3171. Transfer of guardianship or conservatorship to another state

§ 3171. Transfer of guardianship or conservatorship to another state
(a) A guardian or conservator appointed in this State may petition the Probate Division of the Superior Court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) of this section must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.
(c) On the Probate Division’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on the petition filed pursuant to subsection (a) of this section.
(d) The Probate Division shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the Probate Division finds that:
(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if any objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The Probate Division shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 3161(b) of this chapter;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) adequate arrangements will be made for management of the protected person’s property.
(f) The Probate Division shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 3172 of this title; and
(2) the documents required to terminate a guardianship or conservatorship in this State. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3172. Accepting guardianship transferred from another state

§ 3172. Accepting guardianship transferred from another state
(a) To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to section 3171 of this title, the guardian or conservator must petition the Probate Division of the Superior Court in this State to accept the guardianship or conservatorship. The petition must also include a certified copy of the other state’s provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this State. The notice must be given in the same manner as notice is required to be given in this State.
(c) On the Probate Division’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The Probate Division shall issue an order provisionally granting a petition filed under subsection (a) of this section unless:
(1) an objection is made, and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) the guardian or conservator is ineligible for appointment in this State.
(e) The Probate Division shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian in this State upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 3171 of this title transferring the proceeding to this State.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the Probate Division shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this State.
(g) In granting a petition under this section, the Probate Division shall recognize a guardianship or conservatorship order from another state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.
(h) The denial by a Probate Division of the Superior Court of this State of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian in this State under this title if the Probate Division has jurisdiction to make an appointment other than by reason of the provisional order of transfer. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3181. Registration of guardianship orders

§ 3181. Registration of guardianship orders
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in a Probate Division of the Superior Court, in any appropriate county of this State, certified copies of the order and letters of office. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3182. Registration of protective orders

§ 3182. Registration of protective orders
If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in a Probate Division of the Superior Court of this State, in any county of this State in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3183. Effect of registration

§ 3183. Effect of registration
(a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian is not a resident of this State, subject to any conditions imposed upon nonresident parties.
(b) A Probate Division of the Superior Court of this State may grant any relief available under this chapter and other law of this State to enforce a registered order. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3184. Conveyance by guardian appointed by foreign jurisdiction

§ 3184. Conveyance by guardian appointed by foreign jurisdiction
(a) A conveyance of an interest in Vermont real property by a guardian appointed by a foreign court for a person 18 years of age or older is valid, provided that:
(1) the conveyance is authorized by a foreign court order; and
(2) the foreign order is registered in Vermont pursuant to this subchapter.
(b) For conveyances made prior to the May 4, 2017, no effect on marketability of title shall be created by either the failure to register the foreign order or the registration of the foreign order. (Added 2017, No. 24, § 5, eff. May 4, 2017.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3191. Uniformity of application and construction

§ 3191. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3192. Relation to electronic signatures in global and National Commerce Act

§ 3192. Relation to electronic signatures in global and National Commerce Act
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b). (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3193. Transitional provision

§ 3193. Transitional provision
(a) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2011.
(b) Subchapters 1, 3, and 4 of this chapter and sections 3191 and 3192 of this title apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued. (Added 2011, No. 56, § 25.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3211. Definitions

§ 3211. Definitions
As used in this chapter:
(1) “Adult” means an individual who has attained 21 years of age.
(2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(3) “Court” means the Probate Division of the Superior Court.
(4) “Custodial property” means:
(A) any interest in property transferred to a custodian under this chapter; and
(B) the income from and proceeds of that interest in property.
(5) “Custodian” means a person so designated under section 3219 of this title or a successor or substitute custodian designated under section 3228 of this title.
(6) “Financial guardian” means a person who has been appointed by the Probate Division as financial guardian for a minor pursuant to section 2659 of this title, or a person legally authorized to perform substantially the same functions.
(7) “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(8) “Legal representative” means an individual’s personal representative.
(9) “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(10) “Minor” means an individual who has not attained 21 years of age.
(11) “Person” means an individual, corporation, organization, or other legal entity.
(12) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
(13) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(14) “Transfer” means a transaction that creates custodial property under section 3219 of this title.
(15) “Transferor” means a person who makes a transfer under this chapter.
(16) “Trust company”’ means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3212. Scope and jurisdiction

§ 3212. Scope and jurisdiction
(a) This chapter applies to a transfer that refers to this chapter in the designation under subsection 3219(a) of this title by which the transfer is made if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state, and may be executed and is enforceable in this State if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state, or the custodial property is located in the designated state. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3213. Nomination of custodian

§ 3213. Nomination of custodian
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights that is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection 3219(a) of this title.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 3219 of this title. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to section 3219 of this title. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3214. Transfer by gift or exercise of power of appointment

§ 3214. Transfer by gift or exercise of power of appointment
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor, pursuant to section 3219 of this title. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3215. Transfer authorized by will or trust

§ 3215. Transfer authorized by will or trust
(a) A personal representative or trustee may make an irrevocable transfer pursuant to section 3219 of this title to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under section 3213 of this title to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under section 3213 of this title, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection 3219(a) of this title. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3216. Other transfer by fiduciary

§ 3216. Other transfer by fiduciary
(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, pursuant to section 3219 of this title, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c) of this section, a financial guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor, pursuant to section 3219 of this title.
(c) A transfer under subsection (a) or (b) of this section may be made only if:
(1) the personal representative, trustee, or financial guardian considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(3) the transfer is authorized by the court if it exceeds $10,000.00 in value. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3217. Transfer by obligor

§ 3217. Transfer by obligor
(a) Subject to subsections (b) and (c) of this section, a person not subject to section 3215 or 3216 of this title who holds property of or owes a liquidated debt to a minor not having a financial guardian may make an irrevocable transfer to a custodian for the benefit of the minor, pursuant to section 3219 of this title.
(b) If a person having the right to do so under section 3213 of this title has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3218. Receipt for custodial property

§ 3218. Receipt for custodial property
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian, pursuant to this chapter. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3220. Single custodianship

§ 3220. Single custodianship
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3221. Validity and effect of transfer

§ 3221. Validity and effect of transfer
(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) failure of the transferor to comply with subsection 3219(c) of this title concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection 3219(a) of this title; or
(3) death or incapacity of a person nominated under section 3213 of this title or designated under section 3219 of this title as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to section 3219 of this title is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and the minor, the minor’s legal representative, and the minor’s financial guardian have no right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter, and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3222. Care of custodial property

§ 3222. Care of custodial property
(a) A custodian shall:
(1) take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1) the life of the minor only if the minor or the minor’s estate is the sole beneficiary; or
(2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered or held in an account designated in the name of the custodian, followed in substance by the words: “as a custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent, legal representative of the minor, financial guardian of the minor, or the minor if the minor has attained 14 years of age. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3223. Powers of custodian

§ 3223. Powers of custodian
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of section 3222 of this title. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3224. Use of custodial property

§ 3224. Use of custodial property
(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) the duty or ability of the custodian personally or of any other person to support the minor; or
(2) any other income or property of the minor that may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained 14 years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3225. Custodian’s expenses, compensation, and bond

§ 3225. Custodian’s expenses, compensation, and bond
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b) Except for one who is a transferor under section 3214 of this title, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subsection 3228(f) of this title, a custodian need not give a bond. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3226. Exemption of third person from liability

§ 3226. Exemption of third person from liability
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) the validity of the purported custodian’s designation;
(2) the propriety of or the authority under this chapter for any act of the purported custodian;
(3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3227. Liability to third persons

§ 3227. Liability to third persons
(a) A claim based on any of the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor:
(1) a contract entered into by a custodian acting in a custodial capacity;
(2) an obligation arising from the ownership or control of custodial property; or
(3) a tort committed during the custodianship.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship, unless the minor is personally at fault. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3229. Accounting by and determination of liability of custodian

§ 3229. Accounting by and determination of liability of custodian
(a) A minor who has attained 14 years of age, the minor’s financial guardian or legal representative, a guardian of the minor appointed pursuant to section 2628 or 2664 of this title, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court:
(1) for an accounting by the custodian or the custodian’s legal representative; or
(2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 3227 of this title to which the minor, the minor’s legal representative, or the minor’s financial guardian was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(d) If a custodian is removed under subsection 3228(f) of this title, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3230. Termination of custodianship

§ 3230. Termination of custodianship
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earliest of:
(1) the minor’s attainment of 21 years of age with respect to custodial property transferred under section 3214 or 3215 of this title;
(2) the minor’s attainment of 18 years of age with respect to custodial property transferred under section 3216 or 3217 of this title; or
(3) the minor’s death. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3231. Applicability

§ 3231. Applicability
This chapter applies to a transfer within the scope of section 3212 of this title made after its effective date if:
(1) the transfer purports to have been made under the Vermont Uniform Gifts to Minors Act; or
(2) the instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3232. Effect on existing custodianships

§ 3232. Effect on existing custodianships
(a) Any transfer of custodial property as now defined in this chapter made before July 1, 2015 is validated, notwithstanding that there was no specific authority in the Vermont Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This chapter applies to all transfers made before July 1, 2015 in a manner and form prescribed in the Vermont Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 15, 2015. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3233. Uniformity of application and construction

§ 3233. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Added 2015, No. 7, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 115 - Vermont Uniform Transfers to Minors Act › § 3234. Severability

§ 3234. Severability
If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, provisions of this chapter are severable. (Added 2015, No. 7, § 1.)