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2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3071. Duties of guardian

§ 3071. Duties of guardian
(a) The guardian shall maintain close contact with the person under guardianship and encourage maximum self-reliance on the part of the person under guardianship.
(b) In addition to the powers vested in the guardian by the court pursuant to section 3069 of this title, the court may order the guardian to assure that the person under guardianship receives those benefits and services to which he or she is lawfully entitled and needs to maximize his or her opportunity for social and financial independence. Those benefits and services include, but are not limited to:
(1) education services for a person under guardianship who is of school age;
(2) residential services for a person under guardianship who lacks adequate housing;
(3) nutrition services;
(4) medical and dental services, including home health care;
(5) therapeutic and habilitative services, adult education, vocational rehabilitation, or other appropriate services.
(c) The guardian shall always serve the interests of the person under guardianship and shall bring any potential conflicts of interest to the attention of the court. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3072. Guardians; individuals who may serve

§ 3072. Guardians; individuals who may serve
(a)(1) Competent individuals of at least 18 years of age may serve as guardians.
(2) No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care.
(3) No person may serve as guardian for the respondent who has served as guardian ad litem in the same proceeding.
(4) Notwithstanding the provisions of section 2603 of this title, the court shall have the discretion to appoint a guardian who is not a resident of this State, provided that the individual appointed is otherwise qualified to serve.
(b) In appointing an individual to serve as guardian, the court shall take into consideration:
(1) the nomination of a guardian in an advance directive or in a will;
(2) any current or past expressed preferences of the respondent;
(3) the geographic location of the proposed guardian;
(4) the relationship of the proposed guardian and the respondent;
(5) the ability of the proposed guardian to carry out the powers and duties of the guardianship;
(6) the willingness and ability of the proposed guardian to communicate with the respondent and to respect the respondent’s choices and preferences;
(7) potential financial conflicts of interest between the respondent and the proposed guardian, and any conflicts that may arise if the proposed guardian is an employee of a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the respondent resides or is receiving care; and
(8) results of any background checks. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 7; 1985, No. 151 (Adj. Sess.), § 13; 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3073. Change of residential placement

§ 3073. Change of residential placement
(a)(1) When a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title wishes to admit the person under guardianship to a nursing home or change the residential placement of the person under guardianship from a private home to a boarding home, residential care home, assisted living residence, group home, or other similar facility, the guardian must first file a motion for permission to do so.
(2) For any other change of residence sought by a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title, the guardian shall give notice to all parties and to such other persons as the court directs as soon as practicable prior to the change of placement.
(b)(1) In an emergency, a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title may change the residential placement of the person under guardianship without petitioning the court for prior permission or without giving prior notice to parties. Immediately after any emergency change in residential placement for which prior permission under subsection (a) of this section would be required in the absence of an emergency, the guardian shall file a motion for permission to continue the placement.
(2) Immediately after any emergency change of placement for which prior permission under subsection (a) of this section is not required, the guardian shall give notice of the change of placement to all parties and to such other persons as the court directs.
(3) Any party may request a hearing on a change in residential placement. The hearing shall be set for the earliest possible date and shall be given precedence over other probate matters.
(c) In a hearing on a change of placement, the court shall consider:
(1) the need for the change of placement;
(2) the appropriateness of the new placement;
(3) the wishes of the person under guardianship, if known; and
(4) whether the guardian has considered alternatives. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 160; 1985, No. 151 (Adj. Sess.), § 14; 2005, No. 198 (Adj. Sess.), § 13, eff. May 30, 2006; 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3074. Commitment, sterilization, involuntary treatment, and involuntary medication

§ 3074. Commitment, sterilization, involuntary treatment, and involuntary medication
Nothing in this chapter shall give the guardian of a person authority to:
(1) place that person in a State school or hospital except pursuant to 18 V.S.A. § 7601 et seq. or 18 V.S.A. § 8801 et seq.
(2) consent to an involuntary treatment or medication petition pursuant to 18 V.S.A. chapter 181.
(3) consent to sterilization or to a petition for involuntary sterilization pursuant to 18 V.S.A. chapter 204.
(4) consent to a petition for custody, care, or habilitation filed pursuant to 18 V.S.A. chapter 206. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3076. Annual reports; final accounting; fees

§ 3076. Annual reports; final accounting; fees
(a) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of the appointment.
(b) The annual report shall contain:
(1) a financial accounting as required by section 2921 of this title if the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title;
(2) a report on the progress and condition of the person under guardianship, including his or her health, medical and dental care, residence, education, employment, and habilitation;
(3) a report on the manner in which the guardian carried out his or her powers and fulfilled his or her duties; and
(4) the guardian’s opinion regarding the continued need for guardianship.
(c) If the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title, at the termination of the guardianship, the guardian shall render a final accounting as required by section 2921 of this title.
(d)(1) Except as provided in subdivision (2) of this subsection, the guardian shall not be paid any fees to which he or she may be entitled, or reimbursed for any of his or her expenses from the estate of the person under guardianship until the annual reports or final accounting required by this section has been filed with the court.
(2) The guardian may at any time apply by motion to the Probate Division of the Superior Court for payment of fees or reimbursement of expenses incurred as a result of the guardianship. The court may grant the motion and approve payment if it finds the expenses were reasonable and supported by documentary evidence. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3077. Termination and modification of guardianship

§ 3077. Termination and modification of guardianship
(a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the guardianship shall include:
(1) the death of the guardian;
(2) the failure of the guardian to file an annual report, or the failure to file such report in a timely manner;
(3) the failure of the guardian to act in accord with an order of the court;
(4) a change in the ability of the person under guardianship to manage his or her personal care or financial affairs;
(5) a change in the capacity or suitability of the guardian for carrying out his or her powers and duties, including any current or past expressed preferences of the person under guardianship to have an alternative person appointed as guardian.
(b) After notice and hearing, the court may terminate or modify the guardianship, appoint a successor guardian, or restrict the powers of a guardian, consistent with the court’s findings and conclusions of law.
(c) Notice and hearing on the motion shall proceed in the manner set forth in sections 3064 and 3068 of this title.
(d) Marriage of the person under guardianship shall not extinguish a guardian’s authority.
(e) The following guardianship powers shall remain for up to two years after the death of a person under guardianship or until the appointment of an executor or administrator of the person’s estate:
(1) the power to arrange and pay for a funeral;
(2) the power to request medical, financial, or other records of the person in guardianship;
(3) the power to request an autopsy and to obtain the results thereof;
(4) the power to make and file a financial accounting; and
(5) any other powers which are incidental to the closing of and accounting for the guardianship and which are fully reported to the Probate Division of the Superior Court. (Added 1979, No. 76, § 15; amended 1985, No. 144 (adj. Sess.), § 161; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3078. Annual notice to person in need of guardianship

§ 3078. Annual notice to person in need of guardianship
The appointing court shall send an annual notice to each person under guardianship and the counsel of record of each person under guardianship, advising the person under guardianship of his or her right to file a motion for termination or modification of the guardianship pursuant to section 3077 of this title. The notice shall include a copy of any accountings, reports, or other information filed by the guardian during the year, except when there is counsel of record and the court deems it is in the best interests of the person under guardianship to send the accountings, reports, and other information to counsel only. (Added 1979, No. 76, § 15; amended 1991, No. 38, § 3; 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3079. Validity of prior guardianship

§ 3079. Validity of prior guardianship
All guardianships approved pursuant to section 2671 et seq. and section 2683 et seq. of this title prior to July 1, 1979 remain valid. On the first anniversary date of such guardianship after July 1, 1979, the court which approved such guardianship shall send notice to each person under guardianship, his or her counsel of record, and a near relative of the person under guardianship, if known, advising them of the right of the person under guardianship to petition for termination or modification of the guardianship pursuant to section 3077 of this title. Upon the filing of such a petition, the court shall promptly arrange for a comprehensive evaluation of the person under guardianship pursuant to section 3067 of this title. (Added 1979, No. 76, § 15; amended 2007, No. 186 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3080. Appeals

§ 3080. Appeals
Orders of the court issued pursuant to the provisions of this subchapter may be appealed in such manner as provided in 12 V.S.A. § 2551 et seq. and Rule 72, Vermont Rules of Civil Procedure, provided, however, that any order issued pursuant to this subchapter shall not be stayed during the pendency of an appeal except by order of a court of competent jurisdiction. (Added 1979, No. 76, § 15.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3081. Emergency temporary guardian pending final hearing on petition

§ 3081. Emergency temporary guardian pending final hearing on petition
(a) When a petition for guardianship has been filed, but adherence to the procedures set out in this subchapter would cause serious and irreparable harm to the respondent’s physical health or financial interests, the Probate Division of the Superior Court may appoint an emergency temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this section.
(b) If a guardianship petition is accompanied by a motion for emergency temporary guardianship, the court shall schedule a hearing on the appointment of an emergency temporary guardian for the earliest possible date. The court shall appoint counsel for the respondent and cause notice to be given as provided by the Vermont Rules of Probate Procedure (VRPP). Upon a showing by sworn affidavit that notice cannot be given within the time periods, in the manner, or to the persons required by the VRPP, the court may allow a hearing to go forward upon such notice as the court may direct. The court may appoint an emergency temporary guardian if it finds that serious and irreparable harm to the respondent’s physical health or financial interests will likely result during the pendency of the petition.
(c) An emergency temporary guardian may be appointed without notice to the respondent or respondent’s counsel only if it clearly appears from specific facts shown by affidavit or sworn testimony that immediate, serious, and irreparable harm will result to the respondent before the hearing on the appointment of an emergency temporary guardian can be held. A request for ex parte emergency temporary guardianship under this section shall be made by written motion, accompanied by a petition for guardianship, unless waived by the court for good cause shown. If the court appoints an ex parte emergency temporary guardian, the court shall immediately schedule a temporary hearing in accordance with subsection (b) of this section. The ex parte order shall state why the order was granted without notice and include findings on the immediate, serious, and irreparable harm. The ex parte order shall be for a fixed period of time, not to exceed 14 days, and shall expire on its terms unless extended after the temporary hearing. If the temporary hearing cannot be held before the ex parte order expires, the ex parte order can be extended for good cause shown for an additional 14 days until the temporary hearing is held.
(d) A temporary guardianship order expires when the court renders a final decision on the guardianship petition. If the final decision is not rendered within 90 days of the filing of the petition, the court shall schedule a hearing to review the need for continuation of the temporary guardianship order. (Added 1981, No. 101; amended 1985, No. 144 (Adj. Sess.), § 162; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 11, § 36.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3091. Office of Public Guardian established

§ 3091. Office of Public Guardian established
(a) An Office of Public Guardian is established within the Department of Disabilities, Aging, and Independent Living for the purpose of making guardianship services available to mentally disabled persons 60 years of age or older for whom the Probate Division of the Superior Court is unable to appoint a guardian from the private sector.
(b) The Commissioner of the Department of Disabilities, Aging, and Independent Living shall employ persons as public guardians to act as designees of the Office and to carry out the duties of the Office of Public Guardian. Public guardians shall be available for appointment in each of the planning and service areas served by the area agencies on aging.
(c) The Commissioner of the Department of Disabilities, Aging, and Independent Living may adopt rules necessary to accomplish the purposes of this subchapter including standards relating to the maximum number of appointments that may be accepted by the Office. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 9(a), (b); 2005, No. 174 (Adj. Sess.), § 25; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3092. Appointment of the Office of Public Guardian

§ 3092. Appointment of the Office of Public Guardian
(a) The Office of Public Guardian may be nominated and appointed to serve as guardian, under subchapter 12 of this chapter, of a person who is 60 years of age or older if the court determines that there is no suitable private guardian qualified and willing to accept the guardianship appointment and the appointment will not result in the Office having more appointments than permitted by rules adopted under section 3091 of this title.
(b) Neither the Office of Public Guardian or its designees may petition for guardianship.
(c) The Office of Public Guardian may combine the bonding requirement under section § 2751 of this title for some or all of its wards by purchasing a bond in an amount equal to or greater than the aggregate sum of the resources of the wards for whom the bond is issued. The amount of this bond shall be adjusted as necessary to reflect fluctuations in the aggregate amount of wards’ resources. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3093. Powers and duties of Public Guardian

§ 3093. Powers and duties of Public Guardian
In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall:
(1) Be considered a person interested in the welfare of the ward for purposes of filing a motion under section 3077 of this title for termination or modification of guardianship.
(2) Visit the facility in which the ward is to be placed if it is proposed that the ward be placed outside his or her home.
(3) Monitor the ward and the ward’s care and progress on a continuing basis. Monitoring shall, at a minimum, consist of quarterly personal contact with the ward. The Office of Public Guardian shall maintain a written record of each visit with a ward. A copy of this record shall be filed with the Probate Division of the Superior Court as part of the annual report required under section 3076 of this title. The Office, through its designees, shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3094. Duty to seek private guardian

§ 3094. Duty to seek private guardian
(a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Division of the Superior Court describing its efforts to locate a private guardian for the ward.
(b) Upon location of a suitable private guardian, the Office of Public Guardian shall file a motion with the Probate Division of the Superior Court for termination or modification of the guardianship. Availability of a suitable private guardian shall be deemed a change in the suitability of the Office of Public Guardian for carrying out its powers and duties under section 3077(a)(5) of this title. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3095. Statistics to be maintained

§ 3095. Statistics to be maintained
The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following:
(1) The number of wards for which the Office of Public Guardian was appointed during the year for each planning service area served by the area agencies on aging.
(2) The dates on which the Office was appointed by the Probate Division of the Superior Court during the year.
(3) The number of guardianships carried over from the preceding year.
(4) The date of termination of each guardianship terminated during the period.
(5) The disposition of each guardianship terminated. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 3096. Office of Public Guardian to offer assistance

§ 3096. Office of Public Guardian to offer assistance
(a) The Office of Public Guardian may provide assistance to private guardians:
(1) To help them understand the disabilities of the person under guardianship.
(2) To help them foster increased independence on the part of the person under guardianship.
(3) With the preparation and revision of guardianship plans and reports.
(4) On ways to secure rights, benefits, and services to which the persons under guardianship are entitled.
(b) The Office shall:
(1) Develop public education programs on guardianship and alternatives to guardianship.
(2) Encourage individuals in the private sector to serve as guardians.
(3) Prepare and make available, at no charge, a booklet which describes the duties of a guardian. (Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 6; 2013, No. 96 (Adj. Sess.), § 65.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3101. Definitions

§ 3101. Definitions
As used in this chapter:
(1) “Administrator” means the administrator of the U.S. Veterans’ Administration or his or her successor.
(2) “Benefits” means all monies paid or payable by the United States through the Veterans Administration.
(3) “Court” means any Probate Division of the Superior Court within this state for the district wherein the ward resides.
(4) “Estate” means income on hand and assets acquired partially or wholly with “income.”
(5) “Guardian” means any fiduciary for the person or estate of a ward.
(6) “Income” means monies received from the Veterans’ Administration and revenue or profit from any property wholly or partially acquired therewith.
(7) “Person” means an individual, a partnership, a corporation, or an association.
(8) “Veterans’ Administration” means the Veterans’ Administration, its predecessors or successors.
(9) “Ward” means a beneficiary of the Veterans’ Administration. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3102. Administrator as party in interest

§ 3102. Administrator as party in interest
The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans’ Administration. Not less than 15 days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans’ Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3103. Application

§ 3103. Application
Whenever, pursuant to any law of the United States or regulation of the Veterans’ Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3104. Limitation on number of wards

§ 3104. Limitation on number of wards
A person other than a bank or trust company, or the Executive Secretary of the State Veterans’ Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans’ Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3105. Appointment of guardian

§ 3105. Appointment of guardian
(a) A petition for the appointment of a guardian may be filed by:
(1) any relative or friend of the ward or by any person who is authorized by law to file such a petition; or
(2) if there is no person so authorized or if the person so authorized refuses or fails to file such a petition within 30 days after mailing of notice by the Veterans’ Administration to the last known address of the persons, indicating the necessity for the same, by any resident of this State; or
(3) if the ward is a mentally incompetent veteran in a State institution, and no petition is filed within 60 days after the mailing of such notice, the Executive Secretary of the State Veterans’ Board may file one praying that he or she, or his or her successor in office, in his or her official capacity, be appointed guardian.
(b) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans’ Administration and shall set forth the amount of monies then due and the amount of probable future payments.
(c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.
(d) In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the Veterans’ Administration on examination in accordance with the laws and regulations governing the Veterans’ Administration.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3106. Evidence of necessity for guardian of infant

§ 3106. Evidence of necessity for guardian of infant
Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the Veterans’ Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any monies due the minor by the Veterans’ Administration shall be prima facie evidence of the necessity for such appointment.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3107. Evidence of necessity for guardian of incompetent

§ 3107. Evidence of necessity for guardian of incompetent
Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing such Veterans’ Administration and that the appointment of a guardian is a condition precedent to the payment of any monies due such ward by the Veterans’ Administration, shall be prima facie evidence of the necessity for such appointment.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3108. Notice

§ 3108. Notice
Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this State, and also to the Veterans’ Administration as provided by this chapter.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3109. Bond

§ 3109. Bond
(a) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this State. The court may, from time to time, require the guardian to file an additional bond.
(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his or her debts and liabilities and the aggregate of other bonds on which he or she is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward’s estate.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3111. Penalty for failure to account

§ 3111. Penalty for failure to account
If a guardian fails to file with the court an account as required by this chapter, or by an order of the court, when an account is due or within 30 days after citation issues as provided by law, or fails to furnish the Veterans’ Administration a true copy of an account, petition, or pleading as required by this chapter, such failure may, in the discretion of the court, be ground for his or her removal.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3112. Compensation of guardians

§ 3112. Compensation of guardians
Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of monies received during the period covered by the account. In the event of extraordinary services by a guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans’ Administration in the manner provided in the case of hearing on a guardian’s account or other pleading. No commission or compensation shall be allowed on the monies or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. The Executive Secretary of the State Veterans’ Board shall not be entitled to any compensation in addition to his or her regular salary by reason of acting as guardian under an appointment pursuant to subdivision 3105(a)(3) of this title.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3113. Investments

§ 3113. Investments
A guardian shall invest the surplus funds of his or her wards’ estate in such securities or property as authorized under the laws of this State, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest bearing obligations of this State or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans’ Administration, and notice of hearing thereon shall be given such office as provided in the case of hearing on the guardian’s account.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3114. Maintenance and support

§ 3114. Maintenance and support
A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of such petition shall be furnished the proper office of the Veterans’ Administration and notice of hearing thereon shall be given such office as provided in the case of hearing on a guardian’s account or other pleading.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3115. Purchase of home for ward

§ 3115. Purchase of home for ward
(a) The court may authorize the purchase of the entire fee simple title to real estate in this State in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or (if he or she is not a minor) as a home for his or her dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans’ Administration and notice of hearing thereon shall be given such office as provided in the case of hearing on a guardian’s account.
(b) Before authorizing such investment, the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward’s name. This section does not limit the right of the guardian on behalf of his or her ward to bid for and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee’s sale, to protect the ward’s right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward’s interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward’s realty.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3116. Copies of public records to be furnished

§ 3116. Copies of public records to be furnished
When a copy of a public record is required by the Veterans’ Administration to be used in determining the eligibility of a person to participate in benefits made available by the Veterans’ Administration, the official custodian of such public record shall, without charge, provide the applicant for such benefits or a person acting on his or her behalf or the authorized representative of the Veterans’ Administration with a certified copy of such record.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3117. Discharge of guardian and release of sureties

§ 3117. Discharge of guardian and release of sureties
In addition to other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans’ Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans’ Administration, upon examination in accordance with law, shall be prima facie evidence that the ward has attained majority, or has recovered his or her competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his or her competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans’ Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him or her from the guardian, the guardian shall be discharged and his or her sureties released.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3119. Modification of prior laws

§ 3119. Modification of prior laws
Except where inconsistent with this chapter, the laws of this State relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3120. Application of chapter

§ 3120. Application of chapter
The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in section 3101 of this title, whether the guardian shall have been appointed under this chapter or under any other law of this State, special or general, prior or subsequent to the enactment hereof.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 114 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › § 3151. Short title

§ 3151. Short title
This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (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 › § 3152. Definitions

§ 3152. Definitions
In this chapter:
(1) “Adult” means an individual who has attained 18 years of age.
(2) “Conservator” means a person appointed by the court to administer the property of an adult.
(3) “Guardian” means a person appointed by the court to make decisions regarding an adult, including a person appointed under this title.
(4) “Guardianship order” means an order appointing a guardian.
(5) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) “Incapacitated person” means an adult for whom a guardian has been appointed.
(7) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) “Person,” except in the term “incapacitated person” or “protected person,” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9) “Protected person” means an adult for whom a protective order has been issued.
(10) “Protective order” means an order appointing a conservator or other order related to the management of an adult’s property.
(11) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (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 › § 3153. International application of act

§ 3153. International application of act
A court of this State may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchapters 2, 3, and 5 of 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 › § 3154. Communication between courts

§ 3154. Communication between courts
(a) The Probate Division of the Superior Court in this State may communicate with a court in another state concerning a proceeding arising under this chapter. The Probate Division may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. (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 › § 3155. Cooperation between courts

§ 3155. Cooperation between courts
(a) In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the respondent;
(4) order any appropriate investigation of a person involved in a proceeding;
(5) forward to the court of this State a certified copy of the transcript or other record of a hearing under subdivision (1) of this subsection or any other proceeding, any evidence otherwise produced under subdivision (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under subdivision (3) or (4) of this subsection;
(6) issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended, but any information so disclosed may be admitted in a proceeding in this State only in accordance with the laws of this State.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request in accordance with the laws of 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 › § 3156. Taking testimony in another state

§ 3156. Taking testimony in another state
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The Probate Division of the Superior Court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a Probate Division of the Superior Court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Probate Division of this State shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a Probate Division of the Superior Court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. (Added 2011, No. 56, § 25.)