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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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