Vermont Motion to Amend/Terminate Guardianship

State:
Vermont
Control #:
VT-SKU-0753
Format:
PDF
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Description

Motion to Amend/Terminate Guardianship

Vermont Motion to Amend/Terminate Guardianship is a legal document used to modify or end a guardianship case in the state of Vermont. There are two types of guardianship cases in Vermont: (1) guardianship of a minor and (2) guardianship of an incapacitated adult. A Vermont Motion to Amend/Terminate Guardianship can be used to modify the terms of a guardianship or to end a guardianship case altogether. The motion must be filed in court and the court must approve any proposed changes. The motion must include the petitioner's name, the court case number, the guardianship case type, and the proposed changes to the guardianship. The motion must also be served to the guardian, any other interested parties, and the clerk of the court. After the motion is filed and served, the court must hold a hearing to consider the proposed changes. The court will make a decision based on the best interests of the person under guardianship.

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FAQ

If a will names a legal guardian, the probate court appoints the guardian pursuant to the will. If a child needs a legal guardian during a parent's lifetime, the parent or any other interested person must file a petition to have the court appoint a guardian.

To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.

The probate division appoints a guardian who will act in the best interests of the child. The court can appoint either parent, a family member, or an individual who is not related to the child. Two individuals can be appointed to serve as co-guardians.

Two individuals can be appointed to serve as co-guardians. Minors 14 years or older may choose their guardian, subject to court approval. Vermont law also allows parents to name their choice of guardian in their will in case both parents die before a child is 18 years old. The court, however, makes the final decision.

If you are an adult who needs help managing your own affairs, you may file a petition in the probate division and request the appointment of a guardian. This is called a voluntary guardianship. Parents are the natural guardians for their children.

To be a guardian, a person must petition the D.C. Superior Court to be appointed. After the petition is filed, the petitioner mails or delivers the required notices to the interested persons of the case. Interested persons often include the heirs of the ward as if he or she had passed away.

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Vermont Motion to Amend/Terminate Guardianship