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, thereby enhancing procedural protections for individuals involved in these cases. It introduces the Adult Guardianship Equity Act (AGE Act) as its official title and emphasizes the historical context of guardianship laws in Vermont, advocating for improved protections and the establishment of voluntary guardianship options. Key amendments include the repeal of 18 V.S.A. chapter 215, which pertains to guardianship services for individuals with developmental disabilities, and the introduction of new provisions under 14 V.S.A. 3062a that govern the administration of guardianships for these individuals.

The bill also revises existing laws regarding annual reporting and the appeals process for guardianship orders. Guardians are required to file annual reports with the appointing court within 30 days of their appointment anniversary, and specific assessments regarding voluntary guardianship must be included in these reports if the Commissioner of Disabilities, Aging, and Independent Living or the Office of Public Guardian is appointed. Furthermore, the appeals process is clarified to allow for de novo trials in the Civil Division on factual questions, and it grants respondents the right to a jury trial in appeals concerning their guardianship needs, 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