The bill H.26 aims to consolidate jurisdiction over adult guardianship proceedings within the Probate Division of the Superior Court in Vermont, enhancing procedural protections and options for individuals under guardianship. It introduces voluntary guardianship as a less restrictive alternative for eligible individuals and emphasizes the protection of their human and civil rights. The bill also repeals existing guardianship services for individuals with developmental disabilities under 18 V.S.A. chapter 215, transferring these responsibilities to the Probate Division. It establishes clear procedures for filing guardianship petitions, mandates annual reports and final accountings from guardians, and ensures that guardianship is only utilized when necessary for the individual's well-being.

Additionally, the bill amends existing laws regarding guardianship procedures, particularly focusing on the requirements for annual reports and the appeals process. Guardians are required to file annual reports within 30 days of their appointment anniversary, and if certain state agencies are appointed as guardians, they must assess the individual's eligibility for voluntary guardianship annually. The appeals process is clarified to include specific statutes and rules, ensuring the right to a jury trial in cases questioning the 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