Guardianship

Guardianship in Vermont is best described in the statute, , Title 14, Section 3060, et seq.:

Guardianship for mentally disabled persons shall be utilized only as necessary to promote the well-being of the individual and to protect the individual from violations of his human and civil rights.  It shall be designed to encourage the development and maintenance of maximum self-reliance and independence in the individual and shall be ordered only to the extent required by the individual’s actual mental and adaptive limitations.  14 VSA §3060.

When all other measures to voluntarily assist someone in managing their personal and financial affairs does not seem to work, we can represent you in a guardianship proceeding.  This is the legal process to have the court declare another incompetent and appoint a guardian under court supervision to take control of the persons affairs.  Incapacity must never be assumed.  All persons are presumed to have capacity until a court enters findings of fact and conclusions of law determining that a person lacks capacity and is therefore adjudicated to be a person in need of guardianship.