The bill H.26, introduced by Representatives Donahue and Howard, seeks to consolidate jurisdiction over adult guardianship proceedings within the Probate Division of the Superior Court in Vermont. This consolidation aims to provide a more unified framework for procedural protections and options for individuals undergoing guardianship. The bill introduces the Adult Guardianship Equity Act (AGE Act), which emphasizes the need for equitable treatment of individuals with disabilities in guardianship laws. Key amendments include the repeal of 18 V.S.A. chapter 215, which pertains to guardianship services for individuals with developmental disabilities, and the establishment of new provisions under 14 V.S.A. 3062a for these services. The bill also highlights the importance of voluntary guardianship, ensuring that individuals who agree to such arrangements are not automatically considered in need of guardianship.

Additionally, the bill revises the requirements for annual reports from guardians, mandating that they file these reports within 30 days of their appointment anniversary. It also stipulates that if the Commissioner of Disabilities, Aging, and Independent Living or the Office of Public Guardian is appointed as guardian, they must assess annually whether the individual qualifies for voluntary guardianship. The appeals process for guardianship orders is clarified, allowing for de novo trials on factual questions in the Civil Division and granting respondents the right to a jury trial regarding their need for guardianship, which can only be waived with court approval. The act is set to take effect on July 1, 2026.

Statutes affected:
As Introduced: 14-3060, 14-3061, 14-3067, 14-3068, 14-3076, 14-3080