Vermont: Does appointment as guardian of the person automatically include control of the estate?

Detailed answer

In Vermont, the court treats authority over a person (healthcare, living arrangement, daily care) and authority over property (money, real estate, bills, investments) as distinct responsibilities. Being appointed guardian of the person does not automatically make you guardian of the estate. If you need legal authority to manage the incapacitated person’s assets, you must ask the probate court for a separate appointment for control of the estate (often described as guardian of the estate or conservator of property).

How this works in practice:

• The person, a family member, or another interested party files a petition in the Probate Division of the Vermont Superior Court asking the court to appoint a guardian of the person, guardian of the estate, or both.
• The court evaluates incapacity and the scope of needed powers. The court may appoint one person to serve in both roles if appropriate, but it must expressly appoint both roles. One appointment does not create the other automatically.
• If you are only appointed guardian of the person but later discover the ward has assets that need active management, you must petition the court for appointment as guardian of the estate (or for a separate fiduciary) so you have legal authority to collect benefits, pay bills, sell property, or otherwise act with respect to the ward’s assets.
• When the court appoints a guardian of the estate, that person will have fiduciary duties: keep estate funds separate, inventory assets, provide accountings to the court, obtain any required bond, and follow court orders about how the money is used.

Where to check the law: Vermont’s probate and guardianship rules appear in the Vermont statutes and probate court rules. You can browse the statutes for guardianship, conservatorship, and probate procedures on the Vermont Legislature’s website: https://legislature.vermont.gov/statutes/title/14. For practical court procedures and local forms, consult the Vermont Judiciary site at https://www.vermontjudiciary.org/ (look for Probate Division / guardianship information).

Timing and practical tips:

• If the person has immediate medical decision needs but you only need short-term authority over finances (for example, to pay a hospital bill), ask the court about limited or temporary appointment options rather than a full estate guardianship.
• Courts frequently require documentation of incapacity (medical reports), notice to relatives, and may require a bond or other safeguards before granting estate-control powers.
• Even if you hold both appointments, the court expects you to separate the duties of care for the person from the management of property—keep detailed records and follow court-supervised accounting rules.

Summary: You do not automatically become guardian of the estate by being named guardian of the person in Vermont. Obtain a separate court appointment for estate management if you need authority over a ward’s assets.

Disclaimer: This information is educational and general. It is not legal advice. For advice tailored to a specific situation, contact a Vermont probate or elder-law attorney or the Probate Division of the Vermont Superior Court.

Helpful hints

• Before filing: gather the proposed ward’s ID, a recent medical report describing incapacity, a list of assets and debts, and contact information for likely interested persons.
• Ask the probate clerk what forms and notices are required in your county; Vermont probate forms and procedures can vary by location.
• Expect to prepare an inventory and periodic accountings if you are appointed guardian of the estate. Maintain separate bank accounts for the ward—do not mix ward funds with your personal funds.
• Learn whether a bond is required. A bond protects the ward from mismanagement and is often required unless the court waives it for good cause.
• If family members disagree, consider mediation or ask the court about scheduling a hearing; contested guardianship proceedings are common and the court resolves disputes after notice and a hearing.
• If you only need short-term access to funds (for housing or medical bills), ask the court about a temporary or limited guardianship of the estate rather than a full, ongoing appointment.
• Keep a contemporaneous file of all decisions, receipts, bank statements, and court filings so you can prepare accurate accountings when the court requires them.
• If you can, speak with an attorney experienced with Vermont probate and guardianship law. They can explain fiduciary duties, needed bond amounts, tax consequences, and reporting timelines.