VT risk area
Guardianship risk in Vermont
How courts appoint guardians for minors when no plan is in place.
Vermont allows parents or interested persons to petition for guardianship, and parents may appoint guardians by will, with the court retaining oversight.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent or interested person may petition the Probate Division for appointment of a guardian for a minor.
- Either parent may be granted custody if found competent and suitable by the court.
- Either parent may appoint a guardian by will, subject to probate court oversight.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Vermont
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Vermont allows parents or interested persons to petition for guardianship, and parents may appoint guardians by will, with the court retaining oversight.
- A parent or interested person may petition the Probate Division for appointment of a guardian for a minor.
- Either parent may be granted custody if found competent and suitable by the court.
- Either parent may appoint a guardian by will, subject to probate court oversight.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
- https://legislature.vermont.gov/statutes/section/14/111/02623
- https://legislature.vermont.gov/statutes/section/14/111/02655
- https://legislature.vermont.gov/statutes/section/14/111/02656
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Vermont.