Vermont Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Vermont's guardianship statutes do not set out a general out-of-court temporary guardianship agreement or caregiver affidavit. The closest equivalent is a consensual guardianship, 14 V.S.A. 2626, where the custodial parent or parents sign a consent and the parent and proposed guardian sign an agreement. It takes effect only if the Probate Division grants it.

2. 2

   Sections 2626, 2628 and 2632 of 14 V.S.A. set no fixed term. The agreement and the order state the expected duration of the guardianship, if known, and the guardianship continues until terminated. A parent may file a motion to terminate at any time (14 V.S.A. 2632).

3. 3

   The consent is on Probate Division form 700-00070PMGp, Parent's Consent to Custodial Minor Guardianship (11/2024), a form approved by the Court Administrator. The official form controls. The parties file the agreement on or before the hearing, and the court grants the guardianship only after a hearing on clear and convincing evidence.

4. 4

   The court specifies the guardian's powers. A custodial guardian's duties include decisions on education and on physical and mental health, including consent to medical treatment and medication. The guardian may not move the child's residence outside Vermont without prior court authorization after notice and hearing.

5. 5

   A private power of attorney for a minor is not a Vermont statute or official court form, and this page cannot say whether a school or provider will accept one. The court order is what sets out a guardian's powers. A guardian files an annual status report with a copy to each parent.

6. 6

   Consensual guardianship covers situations such as a parent's serious or terminal illness, incarceration, active military duty, a home made uninhabitable by a natural disaster, adverse immigration action, or another reason the parties agree is in the child's best interests. The court must find the proposed guardian suitable. It is a court process, so the paperwork alone gives no authority, and a parent may move to terminate it at any time.

7. 7

   This document is filed in a consensual guardianship case; for other court routes, see the guardianship of a minor petition page. Standby guardianship (14 V.S.A. 2626a) applies only after an adverse immigration action that renders the custodial parent unavailable to care for the child. A guardianship over a parent's objection is a contested case. Report abuse or danger to the child to the child protective agency; for disputes between parents, see the child custody agreement and parenting plan pages.

Vermont Requirements for Temporary Guardianship Agreement

• Court Route, Not Out-of-Court Delegation

  Vermont's guardianship statutes do not set out a general parent-signed out-of-court delegation or caregiver affidavit. The closest equivalent is a consensual guardianship under 14 V.S.A. 2626, which needs court approval.

• Official Consent Form

  The parent's consent is on Probate Division form 700-00070PMGp (11/2024), a form approved by the Court Administrator as 14 V.S.A. 2626(a) requires. The official form controls.

• Agreement Filed With the Court

  The parties file an agreement between the proposed guardian and the parents on or before the hearing (14 V.S.A. 2626(b)), stating the expected duration of the guardianship, if known.

• Court Findings Required

  The court grants a consensual guardianship only after a hearing on clear and convincing evidence, including that the parents knowingly and voluntarily consented and the guardian is suitable (14 V.S.A. 2626(d)).

• Powers Set by Court Order

  The court specifies the guardian's powers, which can include education and health decisions, including consent to medical treatment and medication (14 V.S.A. 2629). No residence move outside Vermont without prior court authorization.

• Parent May Move to Terminate

  A parent may file a motion to terminate at any time; the court grants it unless the guardian moves to continue within 30 days after service (14 V.S.A. 2632).

• Annual Status Report

  The guardian files an annual status report with the Probate Division, with a copy to each parent (14 V.S.A. 2629(b)(6)).

• Standby Guardianship Limited to Immigration

  Consensual standby guardianship under 14 V.S.A. 2626a is effective only if the custodial parent has been subject to an adverse immigration action that renders the parent unavailable.

• DCF Delegation Runs Only to the Department

  The Department may accept a temporary delegation from parents for up to six months, extendable for additional periods of up to six months each on a stipulation approved by the Family Division (33 V.S.A. 4903(4)). It does not run to a relative or friend.