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Vermont Guardianship
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Vermont Guardianship

Vermont proves an adult guardianship by clear and convincing evidence under 14 V.S.A. § 3068(f), appoints no conservators, and grants each power one at a time.

By Settled Editorial

Vermont guardianship runs through the Probate Division of the Superior Court in the county where the person lives. For an adult, a judge may appoint a guardian only after a court-ordered evaluation and a hearing, and only on proof by clear and convincing evidence under 14 V.S.A. § 3068(f). The judgment then names each power the guardian receives, one at a time, and the adult keeps every power the order leaves out.

This guide covers the adult case in 14 V.S.A. chapter 111, the separate article for children in the same chapter, and the alternatives the Vermont Judiciary asks families to weigh before filing. Sign a power of attorney instead and an advance directive instead while capacity is still intact, because both doors close on the day it goes. This page is general information, not legal advice. Confirm anything time-sensitive with the Probate Division handling your case or a licensed Vermont attorney.

Vermont Proves Adult Guardianship by Clear and Convincing Evidence

Section 3068(f) sets the bar: the court enters judgment only if "the petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship or will be a person in need of guardianship on attaining 18 years of age." Nothing lower will do, and Vermont asks for nothing higher.

That matters most to families who read a New Hampshire page first. New Hampshire requires findings beyond a reasonable doubt, the criminal standard. Vermont does not. A petition drafted to satisfy the New Hampshire rule will over-prepare, and a summary written for Vermont readers by someone who skimmed the New Hampshire statute will state the wrong test.

Section 3068 also gives the respondent two exits. Under § 3068(e)(1), if the court finds after the hearing that the respondent is not a person in need of guardianship, it dismisses the petition and seals the record. Under § 3068(e)(2), if a motion to withdraw arrives before the final hearing, the court dismisses and seals as well. The Legislature added that second sentence in 2025, No. 64, § 13, effective June 12, 2025, so a family that files and then changes its mind leaves no public trail.

Section 3068(c) puts the evaluation into evidence when its authors are available or subject to subpoena, and then tells the judge not to be bound by it. The court decides on the whole record, makes specific findings of fact, and states its conclusions of law separately.

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Vermont Appoints No Conservators

Most states split the job. One appointee handles the person, another handles the money, and the money job carries the title conservator. Vermont uses a single word, guardian, and hands the judge a checklist instead.

14 V.S.A. § 3069(c) lists six powers, and the section tells the court to grant them "in the least restrictive manner appropriate to the circumstances of the respondent," only "to the extent required by the respondent's actual mental and adaptive limitations," and with authority to narrow any single power further.

Power under § 3069(c)What it covers
(1) General supervision of the personCare, habilitation, education, employment, and choice of residence, subject to §§ 2691, 3073 and 3074
(2) Medical and dental consentSeeking, obtaining, giving or withholding consent to treatment, subject to § 3075 and the person's constitutional right to refuse
(3) General financial supervisionWages, compensation, insurance, public benefits, pensions, liquidating personal property, settling claims and actions
(4) Approval of contractsApproving or withholding approval of any contract except for necessaries
(5) Approval of a sale of real propertyApproving or withholding approval of a sale or encumbrance, subject to subchapter 6
(6) Legal actionObtaining legal advice, and suing or defending in the person's name

Grant some but not all of those six and § 3069(d)(1) renames the case: the guardianship "shall be identified as a 'limited guardianship' and the guardian identified as a 'limited guardian.'" Section 3069(d)(2) then says the person "retains all the powers identified in subsection (c) of this section except those which have been specifically granted to the limited guardian." A Vermont order is a subtraction from a full adult life, and the statute writes down what is left.

The vocabulary follows the same idea. Across §§ 3060 to 3081 the terms are respondent, defined at § 3061(6), and person under guardianship, defined at § 3061(8). The word ward never appears in that subchapter. It survives only in the older parts of chapter 111 that govern bonds, inventories and accounts, such as §§ 2751, 2791 and 2921, which cover guardians of every kind.

One more Vermont rule that surprises people: § 3069(b) preserves an existing advance directive. The agent's authority and the treatment instructions stay in force unless the Probate Division expressly orders otherwise on a petition for review under 18 V.S.A. § 9718. Guardianship in Vermont does not automatically overwrite the health care document you signed.

Who Counts as a Person in Need of Guardianship

14 V.S.A. § 3061(1) takes two elements. The person is at least 18, and the person cannot manage some or all of their personal or financial affairs without a guardian's supervision, because of either subaverage intellectual functioning existing alongside deficits in adaptive behavior, or a physical or mental condition that impairs cognitive functioning so that judgment, behavior, or the capacity to recognize reality is grossly impaired.

The statute then defines the two failures it will accept, and both are behavioral rather than diagnostic.

  • Unable to manage personal care, § 3061(2): recent behavior shows the person cannot meet their needs for medical care, nutrition, clothing, shelter, hygiene or safety, so that physical injury, illness or disease has happened or is likely in the near future.
  • Unable to manage financial affairs, § 3061(3): gross mismanagement of income and resources, again evidenced by recent behavior, that has led or is likely soon to lead to financial vulnerability.

A diagnosis alone proves nothing here. Both definitions ask what the person recently did.

The Statutory Clock, Filing to Hearing

Vermont writes the pace into the statute. Read these deadlines together and you get the real answer to how long a case takes.

EventDeadlineCite
Evaluation filed with the courtWithin 30 days of filing the petition, extendable for cause§ 3067(b)
Background checks orderedWithin 14 days after the court receives an evaluation supporting guardianship§ 3067(d)
Hearing heldNot less than 15 nor more than 30 days after the evaluation is filed§ 3064(b)
ContinuanceUp to 15 additional days, good cause§ 3064(b)
Guardian's annual reportWithin 30 days of each anniversary of the appointment§ 3076(a)

Add the 30-day evaluation window to the 15-to-30-day hearing window and the statutory minimum is roughly 45 to 75 days from filing to hearing. An uncontested case commonly reaches an order in about two to three months. A contested case, where the respondent's court-appointed lawyer challenges the evaluation or the list of powers requested, runs longer, and 4 to 12 months is a general national range rather than a Vermont figure. The Vermont Judiciary publishes no guardianship case-length statistics.

Counsel arrives before any of that. Under 14 V.S.A. § 3065, the court appoints a lawyer for the respondent as soon as an initial petition is filed unless the respondent already has one. That lawyer is an advocate, not a best-interests decision maker, and the section forbids substituting counsel's own judgment for the respondent's. At a minimum counsel puts the respondent's wishes in front of the court, including anything written in an advance directive, tests whether a less restrictive alternative exists, holds the petitioner to the clear and convincing standard, and presses for the narrowest order.

Emergency in Vermont Means a Petition Is Already on File

There is no standalone emergency guardianship here. 14 V.S.A. § 3081(a) opens with the condition: "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 court may appoint an emergency temporary guardian before the final hearing. No pending petition, no emergency route.

Section 3081(b) sets the ordinary emergency track. The court schedules the hearing for the earliest possible date, appoints counsel for the respondent, and gives notice under the Vermont Rules of Probate Procedure. On a sworn affidavit that notice cannot be given in the time, manner or to the persons the rules require, the court may let the hearing proceed on whatever notice it directs.

Section 3081(c) covers the no-notice version, and it is tightly boxed. The moving papers must show by affidavit or sworn testimony that immediate, serious and irreparable harm will hit before an emergency hearing can be held. The request goes in as a written motion with a guardianship petition attached, unless the court waives that for good cause. The order states why it issued without notice, includes findings on the harm, and runs "for a fixed period of time, not to exceed 14 days." It expires on its own terms unless extended after the temporary hearing, and one extension of another 14 days is available for good cause.

Section 3081(d) closes the loop. The temporary order dies when the court decides the main petition, and if no final decision has issued within 90 days of filing, the court schedules a hearing to review whether the temporary order should continue. That review is Vermont's guard against a temporary guardianship quietly becoming permanent. The Judiciary's form is the Motion for Emergency Temporary Guardian (Adult), 700-00094PAG.

Guardianship of a Minor Is a Different Article

Parents are already guardians. 14 V.S.A. § 2641 makes a competent father and mother joint guardians of their child and the surviving parent the sole guardian, with no court order needed. A minor guardianship steps in when someone else has to hold that role.

Vermont runs two doors into the same courtroom, and which door you use decides the burden and the rules of evidence.

  • Consensual, § 2626. The custodial parent or parents sign a consent on a form approved by the Court Administrator, and the parties file an agreement covering the guardian's responsibilities, the parents' responsibilities, the expected duration, and parent-child contact. Section 2626(d) still asks for clear and convincing evidence, this time that the child is a child in need of guardianship, that the parents had notice and consented knowingly and voluntarily, that the proposed guardian is suitable, and that the arrangement serves the child's best interests. The hearing runs under the relaxed evidence rule, V.R.P.P. 43.
  • Nonconsensual, § 2627. The burden sits on the proposed guardian to prove by clear and convincing evidence that the child fits § 2622(2)(B). The full Vermont Rules of Evidence apply. That single difference is why a contested minor case costs more and takes longer.

Section 2622(2) supplies both ground lists. The consensual reasons in (2)(A) are a custodial parent's serious or terminal illness, a custodial parent's physical or mental health preventing proper care, a home made uninhabitable by a natural disaster, a custodial parent's incarceration, active military duty, unavailability because of an adverse immigration action, and any other reason the parties articulate and agree serves the child. The contested grounds in (2)(B) are narrower: a child abandoned or abused by a parent, a child without proper parental care or subsistence or education or medical care, and a child without or beyond the parent's control.

Two flavors of order exist. A custodial guardianship under § 2629 carries custody, residence (with no move out of Vermont without prior court authorization), education, physical and mental health decisions, receipt of child support and benefits, and an annual status report to the court with a copy to each parent. A financial guardianship under § 2659 manages a child's real or personal property, such as an inheritance or a settlement, and expressly carries no custody. Either petition costs $150.00.

Children get a voice. Under § 2625 a child 14 or older must attend the hearing unless the court excuses their presence for good cause, and the court appoints counsel for a child who will be called as a witness. Separately, § 2650 lets a Vermont minor who has reached 14 choose their own guardian, "subject to the approval of the Probate Division of the Superior Court." The Judiciary is blunt that the court still decides.

The newest tool is the consensual standby guardianship at § 2626a, added by 2025, No. 31, § 5, effective May 22, 2025. A custodial parent subject to an adverse immigration action names a standby guardian in advance. The guardianship takes effect only if that action leaves the parent unable to care for the child, and § 2626a builds in a presumptive termination once the parent is released and reunited. The court schedules the hearing within 14 days, the parent may appear remotely, and the order issues within 45 days of filing unless the court extends the time for good cause. Two 2025 forms carry it: 700-00070D for the parent's consent and 700-00070E for the agreement and family plan.

Name Your Own Guardian Before Anyone Files

Vermont accepts three nomination instruments and gives them two different legal weights. Getting this wrong is the most expensive planning mistake on this page.

  • A power of attorney binds the court. 14 V.S.A. § 4008(a), added by 2023, No. 60, § 1, effective July 1, 2023, lets a principal nominate a guardian of the estate, of the person, or both, and then says that "except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination." Section 4008(b) adds that a later court appointment does not terminate the power of attorney. The agent keeps acting, accountable to the guardian as well as to you, unless the court limits, suspends or terminates that authority.
  • A will or an advance directive is a factor. § 3072(b) tells the court to "take into consideration" eight things when picking an individual, and a nomination in an advance directive or a will is the first of them. The rest are the respondent's current or past expressed preferences, the proposed guardian's location, their relationship to the respondent, their ability to carry out the powers and duties, their willingness to communicate with the respondent and respect their choices, financial conflicts of interest, and the results of background checks.

Section 3072(a) also sets who may serve. Any competent individual at least 18 may. Nobody who operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, hospital psychiatric unit or similar facility where the person lives or receives care may be appointed, and nobody who served as guardian ad litem in the same proceeding may become the guardian. The court has discretion to appoint a qualified non-resident of Vermont. Per the Judiciary, the proposed guardian and anyone over 16 living in the household must sign the Consent for Release of Information for Guardianship Proceedings, form 700-00407, so the court can run the Adult Abuse Registry, Child Protection Registry, Vermont Crime Information Center and Vermont Sex Offender Registry checks.

Parents nominating for children use a will instead. Under § 2656 either parent may appoint guardians by last will for minor children, and for children of any age who are judicially found to be in need of guardianship, and may ask that the guardian serve without bond. Set that up alongside the rest of a Vermont will and the wider plan in Vermont estate planning basics.

The Alternatives the Petition Has to Address

Vermont opens the whole subchapter with a restraint. 14 V.S.A. § 3060 says guardianship "shall be utilized only as necessary" for the person's well-being and to protect them from violations of their human and civil rights, that it shall encourage maximum self-reliance and independence, and that "only the least restrictive form of guardianship shall be ordered to the extent required by the individual's actual mental and adaptive limitations."

Section 3063(a)(8) turns that policy into paperwork. A petition must state "alternatives to guardianship that have been considered and an explanation as to why each alternative is unavailable or unsuitable." A petition that skips that paragraph is incomplete on its face.

The Vermont Judiciary's Adult Guardianships page names the alternatives it wants weighed first, in this order: supported decision making, appointment of a representative payee through Social Security, an advance directive, and case management through a developmental disabilities service provider or an Area Agency on Aging. Note the limit on the first one. Vermont has enacted no supported decision-making statute, so a Vermont agreement rests on contract and practice, and no Vermont statute requires a bank or a doctor to honor it.

Three statutory alternatives round out the list.

  1. A Vermont power of attorney, 14 V.S.A. chapter 127. You pick the agent, you keep every legal right, there is no evaluation and no annual report to a judge, and the same document can nominate your guardian for later under § 4008.
  2. A voluntary guardianship, § 2671. An adult who wants help files for a guardian for themselves, names the individual, and names which of the § 3069 powers to hand over. The petitioner appears in court, or files a letter from a physician or qualified mental health professional confirming they understand the nature, extent and consequences of the guardianship and how to revoke it.
  3. A custodial account under the Vermont Uniform Transfers to Minors Act, 14 V.S.A. chapter 115. For a child who has come into money, that transfer often does the entire job of a financial guardianship with no petition, no bond, no annual accounting and no filing fee.

When some guardianship is unavoidable, the least restrictive version of it is a limited order under § 3069(d). Ask the judge for the two or three powers the evidence actually supports.

What the Guardian Files, and What the Person Keeps

Appointment starts a supervised relationship. The court keeps watching, and the paperwork proves it.

The guardian's side. Section 2751 requires a bond with sureties in the sum the court directs before the guardian acts, conditioned on filing a true inventory, managing the estate lawfully and in the person's best interest, accounting within a year, and settling up at the end. Section 2791 requires the inventory where there is real or personal estate, and § 2921 requires an account within one year of appointment and annually after that. Section 3076(a) adds the annual report within 30 days of each anniversary, and § 3076(b) fixes its contents: a financial accounting where the guardian holds financial power, a report on the person's health, medical and dental care, residence, education, employment and habilitation, a report on how the guardian used the powers, and the guardian's own opinion on whether the guardianship is still needed. Read § 3076(b)(1) against the powers list, because its cross-reference points at subdivision 3069(c)(4) while the financial power itself sits at § 3069(c)(3).

Section 3076(d) supplies the teeth. Until the annual report or final accounting is on file, the guardian collects no fees and no reimbursement from the estate, though § 3076(d)(2) lets the guardian move at any time for payment of expenses the court finds reasonable and supported by documentary evidence. Compensation itself has no Vermont percentage and no schedule: § 2847 lets the court allow a reasonable sum out of the estate.

The person's side. Section 3068a keeps with the person every legal and civil right that Vermont law secures to residents, and then names three of them. The right to participate in the guardian's decisions and to have personal preferences followed, unless a preference is unreasonable and would result in actual harm or the person does not understand its benefits and consequences. The right to communicate freely, without interference from anyone, with counsel, the court, ombudsmen and advocates. And the right to retain an attorney and seek legal advice independently without the guardian's consent, with unauthorized legal fees subject to court review.

Two guardian powers carry a prior-approval gate. Under § 3073 a guardian who holds the residence power must file a motion for permission before admitting the person to a nursing home, or moving them from a private home into a boarding home, residential care home, assisted living residence, group home or similar facility, with any other change of residence requiring advance notice to all parties. Under § 3075(g) the guardian needs prior written court approval after notice and hearing in four situations: the person objects to the decision, the court has required approval for a specific surgery or procedure, the guardian is about to withhold or withdraw life-sustaining treatment other than antibiotics, or the guardian is about to consent to a do-not-resuscitate order or a clinician order for life-sustaining treatment. The last two fall away when the guardian is acting under an advance directive, and § 3075(h) makes 18 V.S.A. chapter 181 the only route to nonemergency involuntary psychiatric medication.

Ending it is open to anyone. Section 3077 lets the person under guardianship, or anyone interested in their welfare, move to terminate or modify, on grounds that include a change in the person's ability to manage their own affairs, a failure to file the annual report on time, and a change in the guardian's own capacity or suitability. Section 3078 has the appointing court mail an annual notice to the person and their counsel spelling out that right and enclosing the reports the guardian filed. Section 3080 sends appeals out under 12 V.S.A. § 2551 and V.R.C.P. 72, and an order is not stayed while the appeal runs unless a court orders it.

What a Vermont Guardianship Costs

Vermont fixes Probate Division entry fees by statute, so the number is identical in all 14 districts and no district may set its own. Find yours in the Vermont probate court directory. The Vermont guardianship overview gathers the filing steps, the forms and the county contacts on one page.

ItemAmountAuthority
Petition, guardianship for an adult$150.0032 V.S.A. § 1434(a)(16)
Petition, guardianship for a minor$150.0032 V.S.A. § 1434(a)(15)
Register a guardianship order from another state$90.0032 V.S.A. § 1434(a)(34)
Documents that open the guardianship, including two certificates of appointment and the lettersNo fee32 V.S.A. § 1434(b)
Each additional certification of appointment of a fiduciary$5.0032 V.S.A. § 1434(c)
Mail service of pleadings (certified restricted delivery)$18.50Vermont Judiciary Probate Division fee schedule, no statute cited

Section 1434(b) also lets the court waive part of the filing fee under V.R.C.P. 3.1 where the applicant cannot pay.

The larger money moves through two cost-shifting rules. Counsel for the respondent is paid from the respondent's own estate unless the court finds the respondent indigent under Rule 3.1 of the Rules of Civil Procedure, and § 3065(c) then has the court keep a pro bono list from the private bar to use before appointing a nonprofit legal services organization. The mandatory evaluation is paid the same way, and § 3067(a) shifts it to the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living when the respondent cannot afford it without spending income or liquid resources needed for living expenses. Private evaluations, attorney fees for the petitioner, surety premiums and professional accounting all sit outside any Vermont schedule, so treat any figure you see for them as a national range.

Three Vermont Tracks That Are Not the Same Case

Merging these is the fastest way to file in the wrong courthouse.

  1. Probate Division, 14 V.S.A. chapter 111. Everything above. Adults under subchapter 12, children under subchapter 2. Section 3062 gives the Probate Division exclusive original jurisdiction and continuing supervisory authority over the guardian, and it lets any interested person move for review of what a guardian has done or plans to do. Section 2624 sends a minor case to the Family Division when a custody proceeding about the same child is already open there, and brings it back afterward for monitoring.
  2. Family Division, 18 V.S.A. chapter 215. Guardianship services for people with developmental disabilities. Section 9303(a) gives the Family Division exclusive jurisdiction, § 9304 sets a different eligibility test (18 or older, needing supervision and protection for their own welfare or the public welfare), and the Commissioner of Disabilities, Aging, and Independent Living serves as guardian. The Probate Division holds only concurrent authority to name the Commissioner a temporary guardian while a § 3063 petition is pending.
  3. Permanent guardianship of a minor, 14 V.S.A. §§ 2660 to 2667. Also Family Division under § 2664(a), established at a permanency planning or other final disposition hearing on clear and convincing findings, one of which is that the child has lived with the proposed guardian for at least six months.

Chapter 111 carries one more office worth naming. Section 3091 establishes the Office of Public Guardian for adults 60 and over with a mental disability where the Probate Division cannot appoint from the private sector, and § 3093 loads that office with duties no private guardian carries, including a visit to any facility being proposed as a placement and continuous monitoring with at least quarterly personal contact, written up and filed with the court as part of the annual report.

What This Page Does Not Answer

Three gaps are worth stating plainly rather than papering over.

  • The Vermont Rules of Probate Procedure are not free to read. Guardianship hangs on V.R.P.P. 4 for service, V.R.P.P. 17 for who counts as a party under § 3061(7), and V.R.P.P. 43 for the relaxed evidence rule in a consensual minor hearing. Vermont publishes no free consolidated V.R.P.P. text; both the Legislature and the Judiciary link out to a commercial container. The rule numbers and subjects above come from the statutes that cross-reference them, so treat them as statutory cross-references and read the rule itself through a law library or your attorney.
  • Vermont has no supported decision-making statute. The Judiciary lists supported decision making first among alternatives, which makes it real Vermont practice, and no act establishing it appears in Title 14, Title 18 or Title 33. Do not borrow another state's supported decision-making form and assume Vermont enforcement.
  • The Judiciary publishes no guardianship case-length statistics. Every duration above comes from a statutory deadline, or is labeled as a general range.

Guardianship is the last stop on a road that starts with the documents you can still sign. Compare it against the incapacity planning in the Vermont power of attorney guide and the Vermont advance directive guide, and see where it sits in Vermont probate once someone has died.

Sources:

It is not legal advice.

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Information current as of August 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Vermont can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.