Guardianship of a Child or Adult in Vermont

A parent or any person interested in a child's welfare may petition the Probate Division of the Superior Court. A consensual guardianship requires the custodial parents' signed consent and a written agreement on responsibilities, duration and parent-child contact; the court grants it on clear and convincing evidence that the child needs guardianship (for reasons such as a parent's illness, incarceration, military duty or another agreed reason), the consent and agreement are voluntary, the guardian is suitable, and guardianship is in the child's best interests. If a parent objects, the proposed guardian must prove by clear and convincing evidence that the child is abandoned or abused, lacks proper care, or is beyond parental control, and that the guardian is suitable.

An interested person may petition the Probate Division of the Superior Court. The petition must give specific reasons, the areas where supervision is requested, and the alternatives to guardianship that were considered with an explanation of why each is unavailable or unsuitable. An evaluation is prepared, and at the hearing the respondent may present and cross-examine witnesses. The court may appoint a guardian only if the petitioner proves by clear and convincing evidence that the respondent is a person in need of guardianship, and the judgment must specify the guardian's powers; otherwise the petition is dismissed and the records sealed.