Detailed Answer
In Vermont, you can ask the family court to appoint a guardian (for personal care) or a conservator (for financial matters) when an adult relative lacks the capacity to manage daily needs or assets. You start by confirming incapacity, file a petition, and follow court procedures under Title 14 of the Vermont Statutes.
1. Confirm the Need and Gather Evidence
• Consult a medical professional to obtain an evaluation of incapacity (physical, cognitive or both).
• Collect supporting documents: medical reports, financial statements and a statement of why less-restrictive alternatives (powers of attorney) won’t work.
2. Choose the Proper Petition
• For personal care: file a petition for appointment of a guardian.
• For finances: file a petition for appointment of a conservator.
See 14 V.S.A. § 3071(a) (petition requirements).
3. Complete and File the Petition
• Download the standardized form from the Vermont Judiciary website.
• Fill in your relative’s facts, your relationship and your proposed plan for care or asset management.
• File at the Probate Division of the family court in the county where your relative lives. Pay the filing fee or request waiver for hardship.
4. Serve Notice to Interested Parties
• Serve the ward-to-be, spouse, adult children and any known relatives at least 15 days before the hearing.
• Attach a copy of the petition and notice of hearing.
• Follow service rules in 14 V.S.A. § 3072 (notice requirements).
5. Attend the Court Hearing
• The court will appoint an independent evaluator or attorney to represent your relative.
• Bring all medical assessments, financial records and witness statements.
• The judge may question the proposed guardian/conservator and the alleged incapacitated person.
6. Court Decision and Letters of Authority
If the court finds incapacity and approves your petition, it issues letters of guardianship or conservatorship. You must:
- File an acceptance of appointment.
- Obtain certification of appointment from the court clerk.
See 14 V.S.A. § 3074 (appointment of guardian) and 14 V.S.A. § 3081 (conservator powers).
7. Ongoing Duties and Reporting
• Guardians must file annual reports on health and living arrangements.
• Conservators must submit annual accountings of all assets and transactions.
• Seek court approval before major decisions (sale of home, relocation out of state).
Helpful Hints
- Explore less-restrictive options first, like durable powers of attorney or health care directives.
- Keep detailed records; courts review your actions closely.
- Notify other family members early to reduce conflict.
- Budget for potential attorney fees and court costs.
- Ask about temporary guardianship if you need immediate authority.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Vermont attorney to discuss your specific situation and ensure compliance with all court rules.