Detailed Answer
Under Vermont law, service of process on minors and individuals under guardianship follows the Vermont Rules of Civil Procedure. These rules ensure that a minor’s parent or guardian receives notice before the minor is bound by a civil proceeding, and protect wards by requiring service on their court-appointed guardians.
Service on Minors
V.R.C.P. 4(c)(2)(B) governs service on minors. You must serve the minor and one of the following:
- A parent.
- A guardian.
- A guardian ad litem, if appointed.
- The superintendent of any institution where the minor resides, if institutionalized.
Both the minor and the adult must be served personally. See V.R.C.P. 4(c)(2)(B).
Service on Individuals Under Guardianship
V.R.C.P. 4(c)(3) requires service on the guardian of the person for individuals adjudged incapacitated. You must serve:
- The guardian of the person (as appointed by the probate court).
- The ward (the individual under guardianship), unless a court order allows otherwise.
Under Vermont’s Uniform Probate Code, guardians have authority to receive notice on behalf of their wards. See 14A V.S.A. § 2661.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Helpful Hints
- Confirm whether a guardian or guardian ad litem is appointed by checking court records.
- Use the ward’s legal name and guardian’s full title when preparing the summons.
- Consider certified mail with return receipt if permitted by court rules.
- Maintain detailed records of all service attempts and proofs of service.
- Consult the local court clerk for any county-specific rules or procedures.