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Vermont Statutes Title 14. Decedents' Estates and Fiduciary Relations, § 2625. Hearing; counsel; guardian ad litem

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The Probate Division shall schedule a hearing upon the filing of the petition and shall provide notice of the hearing to all parties and interested persons who were provided notice under subdivision 2623(c)(1) of this title.

(b) The child shall attend the hearing if he or she is 14 years of age or older unless the child's presence is excused by the court for good cause. The child may attend the hearing if he or she is less than 14 years of age.

(c) The court shall appoint counsel for the child if the child will be called as a witness. In all other cases, the court may appoint counsel for the child.

(d)(1) The child may be called as a witness only if the court finds after hearing that:

(A) the child's testimony is necessary to assist the court in determining the issue before it;

(B) the probative value of the child's testimony outweighs the potential detriment to the child; and

(C) the evidence sought is not reasonably available by any other means.

(2) The examination of a child called as a witness may be conducted by the court in chambers in the presence of such other persons as the court may specify and shall be recorded.

(e) The court may appoint a guardian ad litem for the child on motion of a party or on the court's own motion.

(f)(1) The court may grant an emergency guardianship petition filed ex parte by the proposed guardian if the court finds that:

(A) both parents are deceased or medically incapacitated; and

(B) the best interests of the child require that a guardian be appointed without delay and before a hearing is held.

(2) If the court grants an emergency guardianship petition pursuant to subdivision (1) of this subsection (f), it shall schedule a hearing on the petition as soon as practicable and in no event more than three business days after the petition is filed.

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Cite this article: FindLaw.com - Vermont Statutes Title 14. Decedents' Estates and Fiduciary Relations, § 2625. Hearing; counsel; guardian ad litem - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-14-decedents-estates-and-fiduciary-relations/vt-st-tit-14-sect-2625/

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