Adult Guardianship in Vermont
Reviewed by DocDraft Legal Team - Vermont - Last updated October 9, 2026
In Vermont the Probate Division of the Superior Court has exclusive original jurisdiction over adult guardianship, and the adult is the "respondent" while the case is pending (14 V.S.A. 3062(b)). Vermont uses one guardian role for personal care and finances; there is no separate conservator, and a guardian given some but not all powers is a "limited guardian" (14 V.S.A. 3069(d)(1)). The statewide petition is form 700-00072PAG, Petition to Appoint Guardian for an Adult (Involuntary). The petitioner must prove by clear and convincing evidence that the respondent is a person in need of guardianship (14 V.S.A. 3068(f)). When the initial petition is filed the court must appoint counsel for the respondent unless the respondent is already represented, and the court must order an evaluation that is completed within 30 days of filing unless the court extends the time for cause.
Find out where you stand in Vermont
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Vermont?
The court must find the respondent is a "person in need of guardianship": age 18 or older and unable to manage some or all personal or financial affairs without a guardian's supervision because of a defined intellectual or physical or mental condition. The petitioner must prove it by clear and convincing evidence.
Which court and which form start an adult guardianship in Vermont?
The Probate Division of the Superior Court has exclusive original jurisdiction. The Vermont Judiciary adult guardianship page names form 700-00072PAG, Petition to Appoint Guardian for an Adult (Involuntary), as one of the forms filed. Ask the probate court clerk about local requirements, because the court's own requirements control.
Does Vermont require a doctor's report or evaluation for an adult guardianship?
Yes. When the petition is filed the court shall order an evaluation of the respondent by an evaluator with specific training and demonstrated competence. It must be completed within 30 days of filing the petition unless the court extends the time for cause. It is received in evidence if its preparers are available or subject to subpoena, but the court is not bound by it.
What rights does the person have in a Vermont guardianship case?
Unless already represented, the respondent gets a court-appointed lawyer when an initial petition is filed, with no request or finding of indigency needed. The respondent may attend the hearing, testify, and subpoena and cross-examine witnesses including evaluators. The hearing is held 15 to 30 days after the evaluation is filed.
Vermont's one guardian role, mandatory counsel, and 30-day evaluation
Vermont names the adult the "respondent" during the case and a "person in need of guardianship" or "person under guardianship" afterward, and the Probate Division of the Superior Court has exclusive original jurisdiction under 14 V.S.A. Chapter 111, Subchapter 12. There is one guardian role for personal care and finances and no separate conservator; a guardian with some but not all powers is a "limited guardian" (14 V.S.A. 3069(d)(1)). A person in need of guardianship is at least 18 and unable to manage, without a guardian's supervision, some or all aspects of personal or financial affairs because of significantly subaverage intellectual functioning with deficits in adaptive behavior, or a physical or mental condition causing significantly impaired cognitive functioning that grossly impairs judgment, behavior, or the capacity to recognize reality (14 V.S.A. 3061(1)). The petitioner must prove it by clear and convincing evidence (14 V.S.A. 3068(f)). The court must order an evaluation by an evaluator with specific training and demonstrated competence when the petition is filed, completed within 30 days of filing unless the court extends the time for cause, and the evaluation and hearing may not be waived (14 V.S.A. 3067; 3065(b)(4)). The hearing is held not less than 15 nor more than 30 days after the evaluation is filed and may be continued for good cause for not more than 15 additional days (14 V.S.A. 3064(b)). Unless the respondent is already represented, the court shall appoint counsel when an initial petition is filed, with no request or indigency showing needed; counsel is paid from the respondent's estate unless the respondent is indigent under V.R.C.P. 3.1. Vermont has no court visitor or investigator, but a guardian ad litem may be appointed if the respondent is unable to communicate with or advise counsel (14 V.S.A. 3066). Guardianship is a court order that removes rights from an adult, so least restriction is mandatory throughout (14 V.S.A. 3060).
Relevant Laws
14 V.S.A. 3060 and 3061 (Purpose and definitions)
Least restriction principle and the definitions of person in need of guardianship, unable to manage personal care, and unable to manage financial affairs.
14 V.S.A. 3062 to 3069 (Jurisdiction, petition, hearing, and powers)
Probate Division jurisdiction, petition contents including alternatives considered, hearing timing, counsel and guardian ad litem, evaluation, the clear and convincing evidence finding, and limited guardianship.
14 V.S.A. 3064 to 3068 and 3081 (Respondent's rights, evaluation, and emergency guardianship)
Counsel for the respondent, the court-ordered evaluation, the hearing and the respondent's right to attend, testify and cross-examine, and the emergency and temporary guardianship standards and time limits.
Vermont Judiciary Adult Guardianships (self-help and forms)
Statewide adult guardianship forms including the petition 700-00072PAG, guardian's bond, annual report, and motions to modify or terminate.
Regional Variances
Vermont adult guardianship requirements
Court
Probate Division of the Superior Court, which has exclusive original jurisdiction over all proceedings under the chapter (14 V.S.A. 3062(b)).
Terms used
Guardian, or "limited guardian" when some but not all powers are granted (14 V.S.A. 3069(d)(1)), for a "person in need of guardianship" (the "respondent" during the case). One guardian role covers personal care and finances; there is no separate conservator.
Petition form
Form 700-00072PAG, Petition to Appoint Guardian for an Adult (Involuntary); form 700-00074 is the voluntary petition. Petition contents are set by 14 V.S.A. 3063. Ask the probate clerk, because the court's requirements control.
Incapacity standard and proof
At least 18 and unable to manage, without a guardian's supervision, some or all aspects of personal or financial affairs because of (i) significantly subaverage intellectual functioning with deficits in adaptive behavior, or (ii) a physical or mental condition causing significantly impaired cognitive functioning that grossly impairs judgment, behavior, or the capacity to recognize reality (14 V.S.A. 3061(1)). Proof: clear and convincing evidence (14 V.S.A. 3068(f)).
Medical or evaluator report
The court shall order an evaluation by an evaluator with specific training and demonstrated competence, completed within 30 days of filing the petition unless the court extends the time for cause; it may not be waived. The hearing is 15 to 30 days after it is filed (14 V.S.A. 3067(a)-(b); 3064(b); 3065(b)(4)).
Notice and service
Notice is as provided by the Rules of Probate Procedure (14 V.S.A. 3064(a)). Ask the probate clerk about the method and day count for the respondent and interested persons.
Right to counsel
Right to counsel of own choosing. Unless already represented, the court shall appoint counsel when an initial petition is filed. In later proceedings, on written request by the respondent or a party, or at the court's initiative. Paid from the respondent's estate unless the respondent is indigent under V.R.C.P. 3.1 (14 V.S.A. 3065). No court visitor or investigator; a guardian ad litem may be appointed if the respondent is unable to communicate with or advise counsel (14 V.S.A. 3066).
Less restrictive alternatives
Only the least restrictive form of guardianship shall be ordered; the petition must explain why each alternative considered is unavailable or unsuitable; powers are granted in the least restrictive manner consistent with any advance directive (14 V.S.A. 3060; 3063; 3069).
Emergency guardian
A petition must be pending and following normal procedures must cause serious and irreparable harm to the respondent's physical health or financial interests. Ex parte order only on affidavit showing immediate, serious, and irreparable harm; not to exceed 14 days, extendable once for good cause for an additional 14 days. If no final decision within 90 days of filing, the court schedules a review hearing (14 V.S.A. 3081).
Bond and reports
Ask the probate clerk whether a bond is required; a statewide form 700-00079PG, Guardian's Bond, exists. Annual report within 30 days of the anniversary date of the appointment, and a final accounting at termination (14 V.S.A. 3076(a)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, a healthcare power of attorney, or a limited guardianship would meet the need. Vermont allows only the least restrictive form of guardianship, the petition must explain why each alternative is unavailable or unsuitable, and an existing advance directive agent keeps authority unless the court expressly orders otherwise.
Propose an evaluator and gather petition forms
Before filing days after startingGet form 700-00072PAG and the related forms from the Vermont Judiciary adult guardianship page. The court orders the evaluation when the petition is filed and the petitioner may propose an evaluator with specific training and demonstrated competence.
File the petition with the Probate Division
At filing days after startingFile form 700-00072PAG with the Probate Division of the Superior Court. Ask the probate clerk about local requirements, filing fees, and how to serve the respondent under the Rules of Probate Procedure.
Prepare for the evaluation and hearing
Evaluation within 30 days of filing unless extended for cause; hearing 15 to 30 days after the evaluation is filed days after startingThe evaluation is completed within 30 days of filing the petition unless the court extends the time for cause. The hearing is not less than 15 nor more than 30 days after it is filed. Unless already represented, the respondent has counsel appointed when the initial petition is filed.
Calendar the bond and annual report
After appointment; annual report within 30 days of each anniversary of appointment days after startingAsk the clerk whether a bond is required (form 700-00079PG). File the annual report on form 700-00093A within 30 days of the anniversary date of the appointment; the guardian is not paid fees until reports are filed.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, a healthcare power of attorney, or a limited guardianship would meet the need. Vermont allows only the least restrictive form of guardianship, the petition must explain why each alternative is unavailable or unsuitable, and an existing advance directive agent keeps authority unless the court expressly orders otherwise. | durable-power-of-attorney | Before filing |
| Propose an evaluator and gather petition forms | Get form 700-00072PAG and the related forms from the Vermont Judiciary adult guardianship page. The court orders the evaluation when the petition is filed and the petitioner may propose an evaluator with specific training and demonstrated competence. | - | Before filing |
| File the petition with the Probate Division | File form 700-00072PAG with the Probate Division of the Superior Court. Ask the probate clerk about local requirements, filing fees, and how to serve the respondent under the Rules of Probate Procedure. | - | At filing |
| Prepare for the evaluation and hearing | The evaluation is completed within 30 days of filing the petition unless the court extends the time for cause. The hearing is not less than 15 nor more than 30 days after it is filed. Unless already represented, the respondent has counsel appointed when the initial petition is filed. | - | Evaluation within 30 days of filing unless extended for cause; hearing 15 to 30 days after the evaluation is filed |
| Calendar the bond and annual report | Ask the clerk whether a bond is required (form 700-00079PG). File the annual report on form 700-00093A within 30 days of the anniversary date of the appointment; the guardian is not paid fees until reports are filed. | - | After appointment; annual report within 30 days of each anniversary of appointment |
Frequently Asked Questions
Other Vermont guides
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Dealing With Debt Collectors in Vermont (2026)
Expunging a Criminal Record in Vermont (2026)
Filing a Workplace Harassment Complaint in Vermont
Filing Chapter 7 Bankruptcy in Vermont (2026)
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