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Vermont Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Vermont court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on 14 V.S.A. chapter 111 (Guardianship), whose subchapter 12 covers adults and whose subchapter 2 covers minors

By Settled Estate Editorial

What guardianship and conservatorship mean here

Guardianship in Vermont is a case in the Probate Division of the Superior Court. 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 that the person cannot manage some or all of their personal care or financial affairs. The order lists each power the guardian receives, one by one, and the adult keeps every power the order does not name. For a child, a guardian may be appointed with the parents' consent or, on a higher showing, over their objection. Vermont runs 14 probate districts, one per county, and the case belongs in the district where the person lives.

Vermont uses the single word guardian for both jobs, and its guardianship chapter creates no separate conservator appointment. One order can carry personal powers, financial powers, or both, and the judge itemizes them under 14 V.S.A. § 3069(c). A guardian who receives some but not all of those powers is a limited guardian by statute, and the person under guardianship keeps every power the order does not name. The word conservator appears in Vermont law in chapter 114, the uniform interstate chapter, whose text covers orders from states that do use that title. The person a petition is filed about is the respondent before an order issues and a person under guardianship afterward; the word ward appears nowhere in the adult guardianship subchapter, though older subchapters that govern bonds, inventories, and accounts still use it.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Limited guardianship of an adult

Only the powers the order names, listed one by one from the six in 14 V.S.A. § 3069(c), and the judge may narrow each one further to preserve the person's own decision-making. The court grants some but not all guardianship powers, which by statute makes the case a limited guardianship and the appointee a limited guardian; the adult keeps every power in subsection (c) that was not granted away.

14 V.S.A. § 3069

Involuntary guardianship of an adult (total)

General supervision of the person, including care, habilitation, education, employment, and residence; consent to or refusal of medical and dental treatment; general financial supervision over income and resources; approval of contracts other than necessaries; approval of a sale or encumbrance of real property; and the power to obtain legal advice and to sue or defend in the person's name. A judge grants every power in 14 V.S.A. § 3069(c) after finding by clear and convincing evidence that the adult cannot manage any aspect of personal care and financial affairs without supervision.

14 V.S.A. § 3069

Voluntary guardianship of an adult

Whichever of the § 3069 powers the petitioner asks the court to give the guardian, chosen by the petitioner rather than imposed. An adult who wants help managing their own affairs petitions for a guardian for themselves, appears before the judge (or files a letter from a physician or qualified mental health professional if unable to appear), and satisfies the court that they understand the nature, extent, and consequences of the guardianship and how to revoke it.

14 V.S.A. § 2671

More guardianship types8 additional arrangements courts use in specific situations, with statute cites

Emergency temporary guardian

Interim authority granted while a guardianship petition is pending, ending when the court decides the petition. A guardianship petition is on file and following the ordinary procedure would cause serious and irreparable harm to the respondent's physical health or financial interests.

14 V.S.A. § 3081

Custodial guardianship of a minor

Custody of the child and choice of residence (no move out of Vermont without prior court authorization), decisions about education, decisions about physical and mental health including consent to treatment and medication, decisions about the child's contact with others within the order's terms, receipt of child support and government benefits, and an annual status report to the court with a copy to each parent. A child is a child in need of guardianship, either by the parents' consent for a reason listed in 14 V.S.A. § 2622(2)(A) or, over a parent's objection, on proof of a ground in § 2622(2)(B).

14 V.S.A. § 2629

Financial guardianship of a minor

Care and management of the child's real or personal property, responsible investment of cash, court approval for extraordinary expenditures, court-approved special needs trusts or structured settlements, and an annual financial accounting; explicitly no custody of the child. A minor owns real or personal property, such as an inheritance, insurance proceeds, or a lawsuit recovery, and someone has to manage it; the child's own parent may serve.

14 V.S.A. § 2659

Consensual standby guardianship of a minor

A custodial guardianship written to take effect only if an adverse immigration action leaves the custodial parent unable to care for the child, and to end by presumption once the parent is released and reunited with the child. A custodial parent facing an adverse immigration action signs a consent and an agreement with the chosen guardian; the court hears the petition within 14 days, the parent may appear remotely, and the court issues the order within 45 days of filing unless it extends that time for good cause.

14 V.S.A. § 2626a

Permanent guardianship of a minor

Full parental rights and responsibilities for the rest of the child's minority, including daily care, education, health care, travel, management of the child's income and assets, and the child's right to marry or enlist. The Family Division, not the Probate Division, establishes it at a permanency planning or other final disposition hearing, on clear and convincing findings that neither parent can resume parental duties within a reasonable time, that the child has lived with the proposed guardian at least six months, and that the arrangement is in the child's best interests.

14 V.S.A. § 2664

Guardian named in a parent's will

The same powers and duties as a guardian the Probate Division appoints, and the will may ask that no bond be required. Either parent names guardians by last will for minor children, or for children of any age who are judicially found to be in need of guardianship; the Judiciary's own guidance is that the court still makes the final decision.

14 V.S.A. § 2656

Public Guardian (adults 60 and over)

Guardianship services supplied by a public guardian employed by the Department of Disabilities, Aging, and Independent Living, with public guardians available for appointment in each of the planning and service areas covered by the area agencies on aging. A person 60 or older with a mental disability needs a guardian and the Probate Division is unable to appoint one from the private sector.

14 V.S.A. § 3091

Guardianship services for an adult with developmental disabilities

Guardianship of the person provided through the Commissioner of the Department of Disabilities, Aging, and Independent Living under a separate chapter with its own petition, comprehensive evaluation, notice, counsel, hearing, annual review, and modification rules. An adult with developmental disabilities needs supervision and protection for their own welfare or the public welfare; these cases run in the Family Division, not the Probate Division.

18 V.S.A. chapter 215

The Vermont guardianship court process

1File the petition in the county's Probate DivisionAn interested person files a petition for appointment of a guardian.
An interested person files a petition for appointment of a guardian. Vermont defines interested person broadly: the respondent themselves, a near relative, a close friend, a guardian, a public official, a social worker, a physician, an agent named in an advance directive or power of attorney, a person nominated as guardian in an advance directive, or a member of the clergy. The petition must name the parties, state the petitioner's interest, allege that the respondent is a person in need of guardianship and is 18 or will turn 18 within four months, give specific reasons with supporting facts, list the exact powers requested, describe the respondent's income and resources, name the proposed guardian, and explain which alternatives to guardianship were considered and why each is unavailable or unsuitable.
2The court appoints a lawyer for the respondentUnless the respondent already has counsel, the court must appoint a lawyer as soon as an initial guardianship petition is filed.
Unless the respondent already has counsel, the court must appoint a lawyer as soon as an initial guardianship petition is filed. That lawyer is an advocate, not a best-interests decision maker, and may not substitute their own judgment for the respondent's. At a minimum counsel must put the respondent's wishes before the court, including anything in an advance directive, test whether a less restrictive alternative exists, hold the petitioner to the clear and convincing standard, check that the proposed guardian is qualified, and press for the least restrictive order. Counsel is paid from the respondent's estate unless the respondent is found indigent under Rule 3.1 of the Vermont Rules of Civil Procedure.
3The court orders an evaluationThe court orders an evaluation of the respondent whenever a petition is filed.
The court orders an evaluation of the respondent whenever a petition is filed. It must be done by someone with specific training and demonstrated competence and completed within 30 days of filing unless the court extends the time for cause. The evaluation describes the nature and degree of any disability and the respondent's intellectual, developmental, and social functioning, and recommends which parts of personal care and financial affairs the respondent can manage alone, could manage with support services, and cannot manage without a guardian. The respondent's estate pays, or the court orders otherwise; if the respondent cannot afford it without spending income needed for living expenses, the court orders the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living supply it through qualified evaluators.
4Background checks on the proposed guardianThe proposed guardian supplies the information and consents for a complete background check.
The proposed guardian supplies the information and consents for a complete background check. Within 14 days of receiving an evaluation that supports guardianship, the court orders checks from the Adult Abuse Registry, the Child Abuse Registry, the Vermont Crime Information Center, and the Vermont State Sex Offender Registry, and weighs the results in deciding whether the proposed guardian is suitable. If the proposed guardian has lived in Vermont fewer than five years or lives out of state, the court may order checks from other states. Copies of the reports go to the petitioner, the respondent, and the respondent's attorney.
5Notice and schedulingOn filing, the court schedules a hearing and notice goes out as the Rules of Probate Procedure require.
On filing, the court schedules a hearing and notice goes out as the Rules of Probate Procedure require. The hearing is held not less than 15 nor more than 30 days after the evaluation is filed with the court, and may be continued for good cause for not more than 15 additional days.
6Appointment of a guardian ad litem, if neededOn the motion of the respondent's counsel or on its own motion, the court may appoint a guardian ad litem if it finds the respondent is unable to communicate with or advise counsel.
On the motion of the respondent's counsel or on its own motion, the court may appoint a guardian ad litem if it finds the respondent is unable to communicate with or advise counsel. A guardian ad litem holds no guardianship powers and serves only for the proceeding.
7The hearingThe respondent, the petitioner, and everyone who received notice may attend and testify, and the respondent and petitioner may subpoena, present, and cross-examine witnesses, including the evaluators.
The respondent, the petitioner, and everyone who received notice may attend and testify, and the respondent and petitioner may subpoena, present, and cross-examine witnesses, including the evaluators. The court may exclude anyone not needed, on the respondent's motion. The hearing runs in a setting not likely to harm the respondent's mental or physical health. The evaluation comes into evidence if its authors are available or subject to subpoena, but the court is not bound by it and decides on the whole record, making specific findings of fact and separate conclusions of law.
8The order, power by powerIf the court finds the case proved by clear and convincing evidence, it enters judgment specifying each power the guardian receives.
If the court finds the case proved by clear and convincing evidence, it enters judgment specifying each power the guardian receives. Powers are granted in the least restrictive manner appropriate and only to the extent the respondent's actual mental and adaptive limitations require, and the judge may restrict any single power to preserve the respondent's own decision-making. An existing advance directive survives: the agent's authority and the directive's instructions stay in force unless the Probate Division expressly orders otherwise on a petition for review under 18 V.S.A. § 9718.
9Bond, inventory, and the guardian's ongoing dutiesBefore acting, a guardian appointed by the Probate Division gives a bond with sureties in the sum the court directs, conditioned on filing a true inventory, managing the estate lawfully and in the ward's best interest, accounting within one year, and settling up at the end of the trust.
Before acting, a guardian appointed by the Probate Division gives a bond with sureties in the sum the court directs, conditioned on filing a true inventory, managing the estate lawfully and in the ward's best interest, accounting within one year, and settling up at the end of the trust. A guardian whose ward has real or personal estate files an inventory. The guardian must keep close contact with the person, encourage self-reliance, respect the person's wishes, values, beliefs, and preferences to the greatest possible extent, and bring any potential conflict of interest to the court's attention.
10Annual reports and accountsThe guardian files an annual report with the appointing court within 30 days of each anniversary of the appointment.
The guardian files an annual report with the appointing court within 30 days of each anniversary of the appointment. It contains a financial accounting if the guardian holds power over income and resources, a report on the person's health, medical and dental care, residence, education, employment, and habilitation, a report on how the guardian used their powers, and the guardian's own opinion on whether the guardianship is still needed. A guardian who has not filed cannot be paid fees or reimbursed expenses from the estate, though they may move the court at any time for payment of documented, reasonable expenses.

How long it takes

Vermont's statute sets the pace of an adult case. The court-ordered evaluation is due within 30 days of the petition unless the judge extends it for cause, and the hearing is held not less than 15 and not more than 30 days after that evaluation reaches the court, with one continuance of up to 15 additional days for good cause. So the statutory clock alone runs roughly 45 to 75 days from filing to hearing, and an uncontested Vermont adult guardianship commonly reaches an order in about 2 to 3 months. A contested case, where the respondent's court-appointed lawyer challenges the evaluation or the scope of the powers requested, runs longer; 4 to 12 months is the general range for contested guardianships nationally, and Vermont publishes no case-length statistics of its own.

Evaluation due
Within 30 days of the filing of the petition, unless the court extends the time for cause
Hearing on an adult petition
Not less than 15 nor more than 30 days after the evaluation is filed with the court
Continuance of the hearing
Up to 15 additional days, for good cause shown
Statutory minimum from filing to hearing
About 45 to 75 days, adding the 30-day evaluation window to the 15-to-30-day hearing window
Uncontested adult appointment
About 2 to 3 months from filing to an order in a case nobody contests
Contested case
4 to 12 months (general range; Vermont publishes no case-length statistics)
Ex parte emergency order
A fixed period no longer than 14 days, extendable once for good cause for another 14 days until the temporary hearing is held
Emergency temporary guardianship
Expires when the court renders a final decision on the guardianship petition
Review if no final decision
If no final decision has issued within 90 days of the filing of the petition, the court schedules a hearing to review whether the temporary order should continue
Background checks ordered
Within 14 days after the court receives an evaluation supporting guardianship
Annual report
Due within 30 days of each anniversary of the appointment
Annual account
Within one year after appointment and annually after that, where the person under guardianship has real or personal estate
Standby guardianship hearing
Within 14 days of the filing of a consensual standby guardianship petition
Standby guardianship order
Within 45 days after the petition was filed, unless the court extends the time for good cause
Emergency minor guardianship hearing
No more than three business days after an ex parte emergency minor guardianship petition is filed
Motion to continue a consensual minor guardianship
The guardian has 30 days after service of a parent's motion to terminate
Planning documents
A power of attorney or an advance directive can be signed in a few weeks and takes no court time at all

Alternatives to consider before guardianship

Vermont power of attorney

Financial and property decisions handled by an agent you choose while you still have capacity, under the Vermont Uniform Power of Attorney Act. You keep every legal right and pick the agent yourself, with no court case, no evaluation, and no annual reporting to a judge. The same document can nominate your guardian for later, and under 14 V.S.A. § 4008 a court shall follow that nomination except for good cause or disqualification. A later guardianship does not automatically end 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.

14 V.S.A. chapter 127

Advance directive

Health care decisions through an agent you appoint, plus treatment instructions, disposition of remains, anatomical gifts, and a nomination or exclusion of a future guardian. This is the strongest alternative Vermont offers, because it survives a guardianship. Under 14 V.S.A. § 3069(b) and § 3075(c), the agent's authority and the directive's instructions survive the appointment of a guardian, and the agent holds sole authority over health care decisions unless the Probate Division expressly orders otherwise on a petition under 18 V.S.A. § 9718.

18 V.S.A. chapter 231

Voluntary guardianship

The same powers as an involuntary guardianship, but only the ones the person asks the court to grant. An adult who wants help but no finding of incapacity can petition for a guardian for themselves, name the person they want, and name the powers. The court has to satisfy itself that the petitioner understands what they are giving up and how to revoke it, and it mails an annual notice reminding them of the procedure for ending the guardianship.

14 V.S.A. § 2671

Supported decision making

An arrangement in which trusted supporters help an adult gather information, understand options, and communicate a decision the adult still makes for themselves. The Vermont Judiciary lists supported decision making first among the alternatives to consider before filing an involuntary adult guardianship petition, and a petition must explain why each alternative considered is unavailable or unsuitable. Vermont has not enacted a supported decision-making statute, so a Vermont agreement rests on contract and practice rather than on a statutory form, and third parties are not required by any Vermont statute to honor it.

Social Security representative payee

Receipt and management of Social Security or SSI benefits by a payee the Social Security Administration appoints. The Vermont Judiciary lists appointment of a representative payee through Social Security as an alternative to guardianship. It is a federal administrative appointment that reaches only the federal benefit, so it costs nothing in court and takes away no other legal right.

Case management through a service provider or Area Agency on Aging

Coordination of services, benefits, and care through a developmental disabilities service provider or an Area Agency on Aging. The Judiciary names this as an alternative to weigh before filing. It can supply much of the practical help a guardian would give, without a court order and without removing a single legal right.

Vermont Uniform Transfers to Minors Act custodial account

Money or property held for a child by a custodian until the child reaches the age the transfer specifies. For a child who has come into money, a custodial transfer often does the whole job a financial guardianship would do, with no petition, no bond, no annual accounting to the Probate Division, and no $150.00 filing fee.

14 V.S.A. chapter 115

Limited rather than total guardianship

Only the specific powers the judge lists, out of the six categories the statute allows. When some guardianship is unavoidable, this is the least restrictive version of it. Vermont law directs the court to grant powers only to the extent the person's actual limitations require, lets the judge narrow any single power, and leaves the person holding every power the order does not name.

14 V.S.A. § 3069

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Vermont lets you name your own guardian in advance, and it gives that choice real weight. When the court picks an individual to serve, 14 V.S.A. § 3072(b) directs it to consider the nomination of a guardian in an advance directive or in a will first, ahead of the person's other expressed preferences, the proposed guardian's location, their relationship to the respondent, their ability and willingness to do the job, financial conflicts, and background check results. A nomination made in a Vermont power of attorney is stronger still: under 14 V.S.A. § 4008(a) the court shall appoint according to the principal's most recent nomination except for good cause shown or disqualification. You can also name people you do not want serving as your guardian, and an advance directive is the instrument that carries that exclusion.

Guardianship costs

Court filing fee
$150.00 to petition for guardianship of an adult in the Probate Division, set statewide by 32 V.S.A. § 1434(a)(16)
Minor guardianship filing fee
$150.00 for guardianship of a minor, custodial or financial, set statewide by 32 V.S.A. § 1434(a)(15)
Registration of a guardianship order from another state
$90.00 under 32 V.S.A. § 1434(a)(34)
Documents that open the guardianship
No fee, including the issuance of two certificates of appointment and the respective letters, under 32 V.S.A. § 1434(b)
Extra certificates of appointment
$5.00 for each additional certification of appointment of a fiduciary under 32 V.S.A. § 1434(c)
Certified mail service of pleadings
$18.50 per certified restricted-delivery mailing, per the Vermont Judiciary Probate Division fee schedule
Filing fee waiver
Part of the filing fee may be waived where the court finds the applicant unable to pay, under 32 V.S.A. § 1434(b) and Rule 3.1 of the Vermont Rules of Civil Procedure
Counsel for the respondent
Paid from the respondent's own estate unless the court finds the respondent indigent under V.R.C.P. 3.1, in which case the court draws on a pro bono list from the private bar before appointing a nonprofit legal services organization
Capacity evaluation
$500 - $2,000 for a private evaluation (national range; Vermont publishes no rate). Vermont orders an evaluation in every adult case, and 14 V.S.A. § 3067(a) shifts the cost to the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living when the respondent cannot pay without spending income needed for living expenses
Attorney fees for the petitioner
$2,500 - $7,500+ for an uncontested adult guardianship (national range, not a Vermont published rate); a contested case runs higher
Guardian bond premium
0.5% - 1% of the value of the estate each year where the court requires sureties (national range). 14 V.S.A. § 2751 leaves the sum to the court, and a will may ask that the guardian serve without bond
Guardian compensation
A reasonable sum allowed by the court out of the estate under 14 V.S.A. § 2847; Vermont sets no percentage, and nothing may be paid until the annual report or final accounting is on file
Annual reporting costs
$1,000 - $2,500 per year where a professional guardian or an accountant prepares the annual account (national range)
Guardian nomination in a planning document
Usually included in the cost of the will, power of attorney, or advance directive that carries it, and far cheaper than any guardianship

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Vermont?
Guardianship in Vermont is a case in the Probate Division of the Superior Court. 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 that the person cannot manage some or all of their personal care or financial affairs. The order lists each power the guardian receives, one by one, and the adult keeps every power the order does not name. For a child, a guardian may be appointed with the parents' consent or, on a higher showing, over their objection. Vermont runs 14 probate districts, one per county, and the case belongs in the district where the person lives.
What are the alternatives to guardianship in Vermont?
Less restrictive alternatives in Vermont include Vermont power of attorney, Advance directive, Voluntary guardianship, Supported decision making. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.
How long does the Vermont guardianship process take?
Vermont's statute sets the pace of an adult case. The court-ordered evaluation is due within 30 days of the petition unless the judge extends it for cause, and the hearing is held not less than 15 and not more than 30 days after that evaluation reaches the court, with one continuance of up to 15 additional days for good cause. So the statutory clock alone runs roughly 45 to 75 days from filing to hearing, and an uncontested Vermont adult guardianship commonly reaches an order in about 2 to 3 months. A contested case, where the respondent's court-appointed lawyer challenges the evaluation or the scope of the powers requested, runs longer; 4 to 12 months is the general range for contested guardianships nationally, and Vermont publishes no case-length statistics of its own.
Do I need a lawyer to file for guardianship in Vermont?
Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Vermont courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.
Guardian vs. conservator in Vermont: what is the difference?
Vermont uses the single word guardian for both jobs, and its guardianship chapter creates no separate conservator appointment. One order can carry personal powers, financial powers, or both, and the judge itemizes them under 14 V.S.A. § 3069(c). A guardian who receives some but not all of those powers is a limited guardian by statute, and the person under guardianship keeps every power the order does not name. The word conservator appears in Vermont law in chapter 114, the uniform interstate chapter, whose text covers orders from states that do use that title. The person a petition is filed about is the respondent before an order issues and a person under guardianship afterward; the word ward appears nowhere in the adult guardianship subchapter, though older subchapters that govern bonds, inventories, and accounts still use it.
Statutes and sourcesOfficial references used for this page
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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.

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