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(a) A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the Probate Division that issued the guardianship order and served on all parties and interested persons.
Your general durable power of attorney ends if the court names a guardian of your estate. Your general durable power of attorney may be suspended if the court designates a temporary guardian.
Terminating or modifying a guardianship is a legal process requiring the services of an attorney involving a court hearing and requiring enough evidence to show (called a preponderance of evidence) that the changes are best for the welfare of the ward.
You can contact the court by phone, in writing, in person, or by sending an email to JUD.VJB@vermont.gov. A motion is a request in writing asking the court to consider doing something specific in your case. All motions must identify the request and give specific reasons for the request.
Modifying a Guardianship The Ward's Bill of Rights states that a ward has the right to ask the court to change their guardianship, appoint a different guardian, or have their legal capacity restored and end the guardianship. To do so, they must file a petition with the court.
I. The guardian shall provide the ward with every opportunity to exercise those rights that the ward might be capable of exercising as they relate to the care of the ward's person. II. The guardian shall encourage the development or maintenance of maximum self-reliance and independence of the ward.
The guardianship will be closed by the Court if a minor ward turns 18, the Ward dies, the Ward is declared by law to be restored to full capacity, the Ward no longer has the disability which required the guardianship, the Ward gets married, or the Court determines that a guardianship of the person is no longer ...
Before filing the petition, you should consider whether there are any alternatives to guardianship that might meet the individual's need for help. This includes an appointment of a representative payee through Social Security or executing a general power of attorney or advance directive.