Skip to main content
Find a Lawyer

Vermont Statutes Title 14. Decedents' Estates and Fiduciary Relations, § 3077. Termination and modification of guardianship

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

(a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the guardianship shall include:

(1) the death of the guardian;

(2) the failure of the guardian to file an annual report, or the failure to file such report in a timely manner;

(3) the failure of the guardian to act in accord with an order of the court;

(4) a change in the ability of the person under guardianship to manage his or her personal care or financial affairs;

(5) a change in the capacity or suitability of the guardian for carrying out his or her powers and duties, including any current or past expressed preferences of the person under guardianship to have an alternative person appointed as guardian.

(b) After notice and hearing, the court may terminate or modify the guardianship, appoint a successor guardian, or restrict the powers of a guardian, consistent with the court's findings and conclusions of law.

(c) Notice and hearing on the motion shall proceed in the manner set forth in sections 3064 and 3068 of this title.

(d) Marriage of the person under guardianship shall not extinguish a guardian's authority.

(e) The following guardianship powers shall remain for up to two years after the death of a person under guardianship or until the appointment of an executor or administrator of the person's estate:

(1) the power to arrange and pay for a funeral;

(2) the power to request medical, financial, or other records of the person in guardianship;

(3) the power to request an autopsy and to obtain the results thereof;

(4) the power to make and file a financial accounting; and

(5) any other powers which are incidental to the closing of and accounting for the guardianship and which are fully reported to the Probate Division of the Superior Court.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Vermont Statutes Title 14. Decedents' Estates and Fiduciary Relations, § 3077. Termination and modification of guardianship - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-14-decedents-estates-and-fiduciary-relations/vt-st-tit-14-sect-3077/

Read this complete Vermont Statutes Title 14. Decedents' Estates and Fiduciary Relations, § 3077. Termination and modification of guardianship on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Vermont Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard