Vermont Guardianship Laws: Minors, Adults and Alternatives (2026)

In Vermont, a guardian is a person the Probate Division of the Superior Court appoints to care for a child, or to supervise some or all of the personal or financial affairs of an adult the statute calls a "person in need of guardianship" (14 V.S.A. §§ 2623, 3061). Both kinds of guardianship sit in 14 V.S.A. chapter 111: article 2 governs children, and subchapter 12 (§§ 3060 to 3081) governs adults, for whom the court may order a guardianship only if the petitioner proves by clear and convincing evidence that the respondent is a person in need of guardianship (§ 3068(f)).

Vermont does not use the word "conservator" for the money side. One adult guardian may hold personal-care powers, financial powers, or both, as the court's order specifies (§ 3069), and a child's property may be placed with a "financial guardian" who manages the estate but does not have custody of the child (§ 2659). For how other states divide these roles, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Vermont state law on guardianship of children and adults in 14 V.S.A. chapter 111, the financial guardian for a child's property, the Office of Public Guardian, and Vermont's interstate guardianship act in 14 V.S.A. chapter 114. It does not cover custody disputes between parents (see Vermont child custody laws), grandparent visitation (see Vermont grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Vermont probate), child-protection and foster-care cases, which run on a separate juvenile track, or involuntary mental-health treatment and hospitalization.

Vermont guardianship terms and where the law lives

Vermont's guardianship statutes are 14 V.S.A. chapter 111. Article 2 (§§ 2621 to 2634) sets the Probate Division procedure for guardians of children, alongside older sections in the 2641 to 2659 range that still appear in the chapter. Sections 2660 to 2667 create a separate permanent guardianship for minors, which the Family Division may establish at a permanency planning hearing or another hearing where a permanent disposition of the child can be made, including a child-protection or delinquency proceeding (§ 2664(a)); after a final permanent guardianship order, the parent has no right to seek its termination (§ 2663(b)). Subchapter 12, "Persons in Need of Guardianship" (§§ 3060 to 3081), governs adults, and subchapter 13 creates the Office of Public Guardian. Interstate questions go to chapter 114, Vermont's Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

The adult side rests on one definition:

(1) "Person in need of guardianship" means a person who: (A) is at least 18 years of age; and (B) is unable to manage, without the supervision of a guardian, some or all aspects of his or her personal or financial affairs as a result of: (i) significantly subaverage intellectual functioning which exists concurrently with deficits in adaptive behavior; or (ii) a physical or mental condition that results in significantly impaired cognitive functioning which grossly impairs judgment, behavior, or the capacity to recognize reality.

14 V.S.A. § 3061(1)

The legislature also wrote its purpose into the statute. Section 3060 states that guardianship "shall be utilized only as necessary to promote the well-being of the individual and to protect the individual from violations of his or her human and civil rights," 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."

How to get guardianship of a child in Vermont

Article 2 starts from a presumption that children are best raised in their own home (14 V.S.A. § 2621). A guardianship for a child, whether for a grandchild, niece, nephew or another child, begins with a petition:

(a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child.

14 V.S.A. § 2623(a)

The petition must state, among other things, the names and addresses of the parents, the child and the proposed guardian, the proposed guardian's relationship to the child, everyone in the proposed guardian's household, the child's school, where the child has lived for the past five years, any prior proceedings, whether the guardianship is consensual, and whether standby or emergency relief is requested (§ 2623(a)). If there is an open Family Division proceeding involving custody of the same child, a custodial guardianship petition is transferred to the Family Division (§ 2624(b)(1)(A)). Service follows Rule 4 of the Vermont Rules of Probate Procedure (§ 2623(b)(1)).

Consensual guardianship

A consensual guardianship is for a child whom the parties agree needs adult care for one of the reasons in § 2622(2)(A). The first five are:

(i) The child's custodial parent has a serious or terminal illness. (ii) A custodial parent's physical or mental health prevents the parent from providing proper care and supervision for the child. (iii) The child's home is no longer habitable as the result of a natural disaster. (iv) A custodial parent of the child is incarcerated. (v) A custodial parent of the child is on active military duty.

14 V.S.A. § 2622(2)(A)

The subdivision lists further grounds, including, since 2025, an adverse immigration action affecting a custodial parent. The parents must sign a consent on a form the court approves, and a written agreement between the parents and the proposed guardian, addressing the guardian's and the parents' responsibilities, the expected duration of the guardianship if known, and parent-child contact and parental involvement in decision making, must be filed on or before the hearing date (§ 2626(a), (b)). After a hearing, the court must grant the petition if it finds by clear and convincing evidence that:

(1) the child is a child in need of guardianship as defined in subdivision 2622(2)(A) of this title; (2) the child's parents had notice of the proceeding and knowingly and voluntarily consented to the guardianship; (3) the agreement is voluntary; (4) the proposed guardian is suitable; and (5) the guardianship is in the best interests of the child.

14 V.S.A. § 2626(d)

Nonconsensual guardianship (over a parent's objection)

When a parent does not consent, the petition proceeds under § 2627. The proposed guardian must prove by clear and convincing evidence both that the child is a child in need of guardianship under the nonconsensual definition in § 2622(2)(B), which covers a child who has been abandoned or abused by the parent, is without proper parental care, or is beyond the parent's control, and that the proposed guardian is suitable (§ 2627). The burden sits with the person asking to be guardian, not with the parent.

The hearing and the child's voice

(b) The child shall attend the hearing if the child is 14 years of age or older unless the child's presence is excused by the court for good cause. The child may attend the hearing if the child is less than 14 years of age. (c) The court shall appoint counsel for the child if the child will be called as a witness. In all other cases, the court may appoint counsel for the child.

14 V.S.A. § 2625(b), (c)

The court may also appoint a guardian ad litem for the child (§ 2625). An older provision gives a child 14 or older a say in who serves: "Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court" (§ 2650).

Emergency guardianship of a child

The court may grant an emergency guardianship ex parte, without a prior hearing, only if both parents are deceased or medically incapacitated (or, on a standby petition, the custodial parent has been subject to an adverse immigration action) and the child's best interests require it. A hearing must then be held within three business days (§ 2625).

Standby guardianship in Vermont

Act 31 of 2025, effective May 22, 2025, added a "consensual standby guardianship" (14 V.S.A. § 2626a). It is narrow. The parties' agreement must state:

(A) that the parties are creating a standby guardianship that is effective only if the custodial parent has been subject to an adverse immigration action that renders the custodial parent unavailable to care for the child; ... (F) that the guardianship shall presumptively terminate if the custodial parent is released from custody and reunited with the child.

14 V.S.A. § 2626a(b)(2)

The court must schedule a hearing on the petition within 14 days, the custodial parent may appear and participate remotely, and the court makes its findings by clear and convincing evidence. If it grants the petition, it issues the guardianship order within 45 days after the petition was filed unless it extends that time for good cause (§ 2626a(b)(1), (f)). When all parties consent and the custodial parent is represented by an attorney, there is a rebuttable presumption that the standby guardianship is in the child's best interests (§ 2626a).

Section 2626a's trigger is an adverse immigration action only. A parent's serious or terminal illness is instead one of the listed grounds for an ordinary consensual guardianship (§ 2622(2)(A)(i)), which takes effect when the court grants it.

Can a parent name a guardian for a child in a will?

Yes. Under 14 V.S.A. § 2656, either parent may appoint guardians for minor children by last will. A will nomination also counts on the adult side: when appointing a guardian for an adult, the court must consider a nomination of a guardian in an advance directive or in a will (§ 3072(b)(1)).

Can a relative care for a child in Vermont without going to court?

Chapter 111 contains no provision letting a parent delegate the care of a child to a relative or friend by power of attorney. The chapter's powers-of-attorney subchapter (§§ 3051, 3052) was repealed in 2001. Within chapter 111, the arrangement built for a parent who cannot care for a child for a time, such as during a serious illness, incarceration or active military duty, is the consensual guardianship described above, which is a court order and which the parent may later move to end.

What a guardian of a child decides

The court's order specifies the guardian's powers (14 V.S.A. § 2629(a)). A custodial guardian's duties include:

(1) take custody of the child and establish the child's place of residence, provided that a guardian shall not change the residence of the child to a location outside the State of Vermont without prior authorization by the court following notice to the parties and an opportunity for hearing;

14 V.S.A. § 2629(b)(1)

The custodial guardian also makes decisions about the child's education, medical care and contact with others, receives funds paid for the child's support, and files an annual status report with the Probate Division, with copies to each parent (§ 2629(b)).

Parents keep a right to see the child unless the court finds a reason to deny it. The court "shall order parent-child contact unless it finds that denial of parent-child contact is necessary to protect the physical safety or emotional well-being of the child" (§ 2630).

A child's money and property

(a) The Probate Division may appoint a financial guardian for a minor pursuant to this section if the minor is the owner of real or personal property. A financial guardian appointed pursuant to this section shall have the care and management of the estate of the minor but shall not have custody of the minor.

14 V.S.A. § 2659(a)

A financial guardian must keep the child's cash in separate guardianship accounts, may not spend the child's property without prior court approval, and files an annual financial accounting with the Probate Division (§ 2659(e)(1), (2), (6)). A parent may settle a child's claim of up to $10,000 with the approval of a Superior judge in the county where the child lives; a settlement above $10,000 requires the approval of a court-appointed guardian (§ 2643).

How a child's guardianship ends

"A parent may file a motion to terminate a guardianship at any time" (14 V.S.A. § 2632(a)). What happens next depends on the type of guardianship:

• Consensual or standby guardianship. The court "shall grant the motion and terminate the guardianship unless the guardian files a motion to continue the guardianship within 30 days after the motion to terminate is served" (§ 2632(b)(1)). If the guardian does file, the guardian must prove by clear and convincing evidence that the child is a child in need of guardianship under the nonconsensual definition. The parent does not have to show a change in circumstances (§ 2632(b)).
• Nonconsensual guardianship. The parent must first show a change in circumstances; the guardian then has to prove by clear and convincing evidence that the child is still a child in need of guardianship (§ 2632(c)).

A standby guardianship also presumptively terminates if the custodial parent is released from custody and reunited with the child, as the parties' agreement must state (§ 2626a(b)(2)(F)).

Article 2 applies to a "child," defined as an individual under 18 who is the subject of a guardianship petition (14 V.S.A. § 2622(1)). A minor's marriage ends the guardian's right to custody and education, but not the guardian's rights over the minor's property (§ 3002).

How to become guardian of an adult in Vermont

Who may petition and what the petition says

An interested person may petition the Probate Division for the appointment of a guardian for an adult (14 V.S.A. § 3063). The petition must state the reasons for the guardianship with supporting facts, the specific areas in which supervision is requested and the powers sought, the respondent's income and resources, and:

(8) alternatives to guardianship that have been considered and an explanation as to why each alternative is unavailable or unsuitable.

14 V.S.A. § 3063(8)

A petition may be filed for a person who will turn 18 within four months of filing (§ 3063), and the court may find that a respondent "will be a person in need of guardianship on attaining 18 years of age" (§ 3068(f)). Separately, an adult who wants help may petition for a voluntary guardianship with a guardian of the adult's own choosing (§ 2671).

The evaluation

The court must order an evaluation of the respondent, to be completed within 30 days after the petition is filed, by a person with the training the statute specifies (§ 3067). The evaluation describes the respondent's disability and recommends which affairs the respondent can manage alone, which with support, and which only with a guardian. If the respondent cannot afford it, the cost shifts to the State, through the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living (§ 3067). The proposed guardian must consent to checks of the Adult Abuse Registry, the Child Abuse Registry, the Vermont Crime Information Center and the Sex Offender Registry (§ 3067).

Notice and timing

Notice and the hearing follow the Rules of Probate Procedure (§ 3064). The hearing is timed from the evaluation, not from the petition:

(b) The hearing shall be held not less than 15 nor more than 30 days after the filing with the court of the evaluation required by section 3067 of this title. The hearing may be continued for good cause shown for not more than 15 additional days.

14 V.S.A. § 3064(b)

The adult's right to a lawyer

(a)(1) The respondent shall have the right to be represented by counsel of his or her own choosing at any stage of a guardianship proceeding. Unless a respondent is already represented, the court: (A) shall appoint counsel for the respondent when an initial petition for guardianship is filed; (B) shall appoint counsel for the respondent in any subsequent proceeding if the respondent or a party requests appointment in writing; and (C) may appoint counsel for the respondent on the court's initiative in any subsequent proceeding.

14 V.S.A. § 3065(a)(1)

Appointed counsel acts as the respondent's advocate, not as a representative of the respondent's best interests, and must try to ensure that the petitioner proves the allegations by clear and convincing evidence and that any guardianship ordered is the least restrictive one (§ 3065). Counsel is paid from the respondent's estate unless the respondent is indigent (§ 3065). A guardian ad litem may be appointed only if the respondent cannot communicate with counsel (§ 3066).

The hearing and the burden of proof

At the hearing, the respondent may attend, testify, subpoena witnesses and cross-examine witnesses, including the evaluators, and the court must make specific findings of fact (§ 3068). If the court concludes that the respondent is not a person in need of guardianship, it dismisses the petition and seals the records (§ 3068). Otherwise:

(f) If upon completion of the hearing and consideration of the record the court finds that the petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship or will be a person in need of guardianship on attaining 18 years of age, it shall enter judgment specifying the powers of the guardian pursuant to sections 3069 and 3070 of this title and the duties of the guardian pursuant to section 3071 of this title.

14 V.S.A. § 3068(f)

Any party may appeal under § 3080, which points to 12 V.S.A. § 2551 and Rule 72; the guardianship order is not stayed while an appeal is pending unless the court orders a stay (§ 3080).

Limited guardianship and the guardian's powers

Vermont does not hand a guardian every power by default. The court picks from a list of powers in § 3069: general supervision of the person, including where the person lives; consent to medical care; general financial supervision; approval of contracts; approval of transactions involving real property; and obtaining legal advice and bringing or defending suits. It may restrict each one it grants, and a guardian who receives some but not all of them is a limited guardian (§ 3069).

(c) The court shall grant powers to the guardian in the least restrictive manner appropriate to the circumstances of the respondent and consistent with any advance directive. Guardianship powers shall be ordered only to the extent required by the respondent's actual mental and adaptive limitations.

14 V.S.A. § 3069(c)

An advance directive the person already signed remains in effect unless the court expressly orders otherwise (§ 3069).

Who may serve as guardian

A guardian must be a competent adult, 18 or older. The statute bars a person who 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 similar facility where the respondent lives or receives care, and anyone who served as the respondent's guardian ad litem in the same proceeding. A facility employee is not barred, but the court must consider that conflict (14 V.S.A. § 3072(a), (b)(7)). The court has discretion to appoint a nonresident of Vermont who is otherwise qualified (§ 3072(a)(4)). In choosing an individual, the court must consider:

(1) the nomination of a guardian in an advance directive or in a will; (2) any current or past expressed preferences of the respondent;

14 V.S.A. § 3072(b)

The court also weighs, among the factors § 3072(b) lists, the proposed guardian's location, relationship with the respondent, the proposed guardian's ability to carry out the duties and willingness to respect the respondent's choices, any financial conflict of interest, and the background-check results.

Moving the person into a facility

A guardian must first file a motion asking the court's permission to admit the person to a nursing home, or to move the person from a private home to a boarding home, residential care home, assisted living residence, group home or similar facility. In an emergency the guardian may act first and must file the motion immediately afterward (§ 3073). The court considers the need for the move, whether the placement is appropriate, the person's wishes and the alternatives (§ 3073).

What a guardian cannot do

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.

14 V.S.A. § 3074

The section also bars the guardian from consenting to certain custody petitions (§ 3074).

A guardian must also obtain the Probate Division's prior written approval, after notice and hearing, if the person under guardianship objects to the guardian's decision, if the court has ordered prior approval for a specific surgery, procedure or treatment, before withholding or withdrawing life-sustaining treatment other than antibiotics, and before consenting to a do-not-resuscitate order or clinician order for life-sustaining treatment. The last two do not apply when the guardian is acting under an advance directive, and the statute sets narrow exceptions when a decision is needed before court approval can be obtained (14 V.S.A. § 3075(g)). A person under guardianship keeps the right to make medical and dental decisions unless the court's order restricts it, and keeps the right to make a specific medical decision the person has the capacity to make (§ 3075(a), (b)).

Rights the person under guardianship keeps

A person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and U.S. constitutions and all the laws and regulations of Vermont and the United States.

14 V.S.A. § 3068a

Section 3068a goes on to list specific rights, including the right to take part in decisions and to have the person's preferences followed unless they are unreasonable and harmful or the person lacks a basic understanding of the decision, the right to retain a lawyer and to communicate with the court and advocates without interference, and the right to hire an attorney without the guardian's consent, with fees subject to court review. A person's advance directive stays in effect unless it is modified under 18 V.S.A. § 9718 (§ 3075).

Annual reports

(a) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of the appointment.

14 V.S.A. § 3076(a)

The report covers the person's health, medical and dental care, residence, education, employment and habilitation; how the guardian carried out the guardian's duties; and the guardian's opinion on whether the guardianship is still needed. If the guardian holds power over income and resources under § 3069(c)(4), the report includes a financial accounting under § 2921 (§ 3076(b)). A guardian cannot be paid until the report is filed (§ 3076). Each year the court also sends the person under guardianship and the person's counsel of record a notice of the right to ask the court to end or change the guardianship (§ 3078).

Bond, inventory and accounts

Before acting, a guardian appointed by the Probate Division must give a bond with sureties in a sum the court directs (14 V.S.A. § 2751). A guardian whose ward has real or personal estate must return an inventory of it (§ 2791) and must render an account to the court within one year after appointment, annually after that, and at other times the Probate Division directs (§ 2921). When a parent's will appointing a guardian requests that no bond be required, the bond may be dispensed with unless the Probate Division judges that, because of a change in the guardian's circumstances or another cause, the ward's estate would be insecure (§ 2656).

Emergency temporary guardianship of an adult

Where following the normal procedure would cause "serious and irreparable harm" to the respondent's physical health or financial interests, the court may appoint an emergency temporary guardian, and counsel is appointed for the respondent (14 V.S.A. § 3081). The time limits are set out in the statute:

(c) ... 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.

14 V.S.A. § 3081(c), (d)

How an adult guardianship ends or changes

(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.

14 V.S.A. § 3077(a)

The grounds include the guardian's failure to file an annual report or to follow a court order, "a change in the ability of the person under guardianship to manage his or her personal care or financial affairs," and "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" (§ 3077(a)(4), (5)). Notice and the hearing follow §§ 3064 and 3068, and the court may end the guardianship, modify it, appoint a successor guardian or restrict the guardian's powers (§ 3077). The Office of Public Guardian counts as a person interested in the welfare of the person under guardianship and may file such a motion (§ 3093).

The Office of Public Guardian

(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.

14 V.S.A. § 3091(a)

The office's designees must visit proposed placements and make quarterly personal contact with each person in the office's care (§ 3093).

Alternatives to guardianship in Vermont

Vermont builds alternatives into the petition itself: the petitioner must list the alternatives considered and explain why each is unavailable or unsuitable (14 V.S.A. § 3063(8)). Two of the statute's own touchpoints are an advance directive, which stays in effect after a guardian is appointed unless the court expressly orders otherwise (§ 3069), and a nomination of a guardian in an advance directive or will, which the court must consider (§ 3072(b)(1)).

Chapter 111 and chapter 114 contain no provision creating a supported decision-making agreement. A power of attorney signed while a person still has capacity is a separate tool covered by Vermont's power-of-attorney law; see Vermont power of attorney laws for the signing rules. Free tools for drafting a Vermont power of attorney or a Vermont advance directive are available while a person has capacity; any document must still meet the signing rules described on the linked power-of-attorney page.

One federal point: Social Security decides for itself whether to appoint a representative payee and whom to appoint, and a court-appointed guardian is one possible choice rather than an automatic one (20 C.F.R. § 404.2001); our guardianship hub covers the federal layer.

Moving to or from Vermont

Vermont enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as 14 V.S.A. chapter 114 (§§ 3151 to 3193). A guardian appointed in Vermont may petition the Probate Division to transfer the guardianship to another state (§ 3171). A guardian appointed elsewhere may register the order here:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in a Probate Division of the Superior Court, in any appropriate county of this State, certified copies of the order and letters of office.

14 V.S.A. § 3181

A conservator appointed in another state may register that state's protective order in the same way (§ 3182).

Recent changes

• Act 31 of 2025 (effective May 22, 2025) added the immigration-action standby guardianship in § 2626a and amended §§ 2622, 2623, 2625, 2628, 2629 and 2632 of the article on children.
• Act 64 of 2025, section 13 (effective June 12, 2025) amended § 3068, the adult guardianship hearing section.
• Act 165 of 2026, section 20 (effective on passage; signed June 18, 2026) repealed chapter 111's spendthrift guardianship sections (§§ 2681, 2684, 2685, 2687 and 2690 to 2693).
• Bills to change Vermont guardianship proceedings (S.5 and H.26 of 2025, and H.624 of 2026, which would create an adult involuntary guardianship working group) were referred to committee and are not law.

Vermont guardianship at a glance

Related Vermont pages

• Guardianship laws by state
• Vermont power of attorney laws
• Vermont child custody laws
• Vermont grandparents' rights
• Vermont probate
• New Hampshire guardianship laws
• New York guardianship laws

This article provides general legal information about Vermont guardianship law, not legal advice. Guardianship cases turn on their facts and on the Probate Division's practice. For advice about a specific situation, contact a lawyer licensed in Vermont or the Probate Division of the Superior Court.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Vermont?

A parent or a person interested in the child's welfare files a petition in the Probate Division of the Superior Court (14 V.S.A. § 2623). If the parents consent, they sign a court-approved consent and a parent-guardian agreement is filed (§ 2626); if a parent does not consent, the proposed guardian must prove by clear and convincing evidence that the child meets the nonconsensual definition in § 2622(2)(B) and that the proposed guardian is suitable (§ 2627).

Can a parent end a guardianship in Vermont?

A parent may move to terminate at any time (14 V.S.A. § 2632(a)). For a consensual or standby guardianship, the court must terminate unless the guardian files a motion to continue within 30 days after the motion is served and then proves by clear and convincing evidence that the child is a child in need of guardianship; for a nonconsensual guardianship, the parent must first show a change in circumstances (§ 2632(b), (c)).

Does Vermont have standby guardianship?

Yes, but only for one situation: since May 22, 2025, 14 V.S.A. § 2626a allows a consensual standby guardianship that takes effect only if the custodial parent has been subject to an adverse immigration action that leaves the parent unavailable to care for the child. It presumptively ends if the parent is released from custody and reunited with the child.

Can I give a relative power of attorney over my child in Vermont?

Chapter 111 of Title 14 contains no provision for delegating a child's care by power of attorney; its old powers-of-attorney sections (§§ 3051, 3052) were repealed in 2001. The chapter's route for a parent who cannot care for a child for a time is a consensual guardianship, which is a court order (§ 2626).

Is there a conservator in Vermont?

No separate office. An adult's guardian may be granted financial powers, such as general financial supervision or approval of contracts and real-property transactions, as the court specifies (14 V.S.A. § 3069), and a child's property may be managed by a financial guardian who does not have custody of the child (§ 2659).

What must be proved to get guardianship of an adult in Vermont?

After a court-ordered evaluation, the petitioner must prove by clear and convincing evidence that the respondent is a person in need of guardianship (14 V.S.A. §§ 3067, 3068(f)), meaning an adult who cannot manage some or all personal or financial affairs without a guardian's supervision because of one of the conditions in § 3061(1).

Does the adult get a lawyer in a Vermont guardianship case?

Yes. Unless the respondent is already represented, the court shall appoint counsel when an initial petition is filed, and in a later proceeding if the respondent or a party asks in writing (14 V.S.A. § 3065(a)(1)). Counsel is paid from the respondent's estate unless the respondent is indigent (§ 3065).

How long does an emergency guardianship of an adult last in Vermont?

An ex parte emergency order lasts no more than 14 days and may be extended once for good cause for up to 14 more days until the temporary hearing is held; a temporary order ends with the final decision, and if there is no final decision within 90 days of the petition the court must schedule a review hearing (14 V.S.A. § 3081(c), (d)).

Can a Vermont guardian move someone into a nursing home?

Only after first filing a motion for the court's permission, except in an emergency, when the motion must be filed immediately afterward (14 V.S.A. § 3073). A guardian also has no authority to consent to sterilization or to an involuntary treatment or medication petition (§ 3074), and needs prior written court approval, after notice and hearing, before withholding or withdrawing life-sustaining treatment other than antibiotics or consenting to a do-not-resuscitate order, unless acting under an advance directive or within the statute's narrow exceptions (§ 3075(g)).

How often does a Vermont guardian report to the court?

Annually, within 30 days of the anniversary of the appointment, with a financial accounting if the guardian holds power over income and resources (14 V.S.A. § 3076).