Adult Guardianship Explained
May 23, 2023

In Vermont, adult guardianship is a legal process in which a court grants a person the authority to make decisions for another person who has been deemed incapable of doing so for themselves. This person is known as a ward and decisions may include matters such as healthcare, personal care, and finances.

 

How Does Someone Become a Guardian?

 

To become a guardian, an individual must first file a petition with the probate court in the county where the ward lives. The court will then determine if the proposed guardian is fit to serve in that role and if guardianship is appropriate under the specific circumstances.

 

This petition must contain information about the proposed ward's condition and why guardianship is necessary. After receiving the petition, the probate court will appoint a guardian ad litem to investigate and report on the proposed ward's condition, living situation, and any other relevant factors. Following this investigation, a hearing will be held to determine if guardianship is appropriate and, if so, to appoint a guardian.

 

What Does a Guardian Do?

 

The appointed guardian may be given a range of duties and responsibilities, from managing the ward’s finances, property, and healthcare plans, to making personal decisions on their behalf, such as where they will live.

 

It's important to note that adult guardianship is a serious matter that should not be entered into lightly. It is always essential to consult with an experienced Vermont guardianship attorney to understand the legal process, the responsibilities of a guardian, and the options that may be available to the ward and their family.

 

When Things Go Wrong

 

Sadly, individuals who are incapable of making decisions on their own are extremely vulnerable to mistreatment. If you have concerns about the welfare of a loved one who is under the care of a guardian, it is important to take action as soon as possible. A VT guardianship attorney will thoroughly review your case and advise you on the best course of action. This may include filing a petition with the court to remove the current guardian or modifying the terms of the guardianship arrangement.

 

It is critical to document any concerns you have about the guardian's behavior and to provide evidence to support your case. You may also wish to report any suspected abuse, neglect, or exploitation of your loved one to the appropriate authorities. A guardianship lawyer can help to ensure that your loved one is protected and receiving the care they deserve.

 

Contact a Vermont Guardianship Attorney Today

 

If you believe that a loved one could benefit from adult guardianship, or you are concerned that an appointed guardian is not acting in your loved one’s best interests, the family law team at Deppman Law PLC can help. Contact us today for a confidential consultation about your case and to learn more.

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