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Guardianship
A guardian is a person with the legal responsibility to protect the well-being and rights of another. A guardian also has authority to make certain legal decisions for the person.
Parents are deemed to be the guardians of their biological children under age 18. A parent who adopts a child becomes the guardian of the adopted child. A parent may voluntarily relinquish guardianship of a child under age 18 and grant guardianship to another adult.
Upon turning age 18 all Vermonters are presumed to be competent to make their own decisions and to have a right of self-determination. A parent is no longer considered the guardian of a child once the child turns 18. Any guardianship for an adult must be authorized by a court.
Most adults with mental disabilities can make decisions for themselves. They may need extra support and time to learn to make decisions. There are many alternatives to guardianship which can provide the protections a person needs. Guardianship should be pursued only as a last resort.
Types of Guardianship
Program Contacts
- Gail Falk, Director
Department of Disabilities, Aging & Independent Living
Division of Disability & Aging Services
103 South Main Street
Waterbury, VT 05671-1601
Phone: (802) 241-2616
E-mail: gail.falk@ahs.state.vt.us
- Michele LaPerle, Administrative Assistant
Department of Disabilities, Aging & Independent Living
Division of Disability & Aging Services
103 South Main Street
Waterbury, VT 05671-1601
Phone: (802) 241-2663
E-mail: michele.laperle@ahs.state.vt.us
- For information on the Office of Public Guardian
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Policies and Guidelines
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Procedures for Review of Public Guardianship Decision (January 2005)
These procedures describe how people affected by a decision of a Public Guardian may obtain a review of the decision.
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Publications
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How to be a good Guardian (January 2004)
A "plain-talk" pamphlet developed by Vermont self-advocates in collaboration with the Guardianship Services Program.
- A Guide to the Responsibilities of Guardians of Adults with Mental Disabilities
This booklet has been prepared by the Office of Public Guardian to help private guardians and people considering becoming guardians to understand the role and responsibilities of guardianship.
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Resources for Guardians
- The American Bar Association has published a booklet to guide guardians and health care agents in Making Medical Care Decisions for others.
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Forms
Petition for Guardianship Services (Family Court) Forms
Petition to Appoint a Private Guardian (Probate Court) Forms
Are you having difficulty accessing any of the "Petition to Appoint a Private Guardian (Probate Court) Forms"?
If your web browser shows that the form has downloaded completely but you do not see the form, click the "Back" button on your web browser and click the form link again. If the form still does not appear you can access the VT Judiciary Probate Court Forms website directly at: http://vermontjudiciary.org/eforms/probate.aspx. From this page you may access the above listed forms directly.
If you are still having problems accessing the forms below are links to alternative copies of the forms.
Model Guardianship Evaluation
The American Bar Association, the American Psychological Association, and the National College of Probate Judges have collaborated to publish a guidebook on assessing the capacity of older adults. The guidebook, Judicial Determination of Capacity of Older Adults in Guardianship Proceedings, is available at www.abanet.org/aging/docs/judgesbooksum.doc. The guidebook includes a Model Clinical Evaluation Form for use by clinicians in guardianship cases.
The form has been adapted for use in Vermont by Susan Wehry, M.D. Evaluators and others using the form are encouraged to read the entire guidebook.
- Model Guardianship Evaluation Form
To complete the form:- Print out and complete, or save the form to your computer and then
complete.
Alternatives to Guardianship - Appointing a Health Care Agent
A 2005 change to the Vermont law on health care decision-making makes it easier for a person with developmental disabilities to appoint a health care agent. DDAS has drafted a simplified form to assist individuals who simply want to appoint a health care agent.
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Legislation, Statutes and Regulations
