The proposed bill, S.5, seeks to centralize adult guardianship proceedings within the Probate Division of the Superior Court in Vermont, enhancing procedural protections and options for individuals under guardianship. Key provisions include the introduction of voluntary guardianship as a less restrictive alternative for those capable of understanding its implications, and a strong emphasis on safeguarding the human and civil rights of individuals under guardianship. The bill also repeals previous guardianship services for individuals with developmental disabilities as outlined in 18 V.S.A. chapter 215, while establishing new procedures for guardianship administration, including requirements for evaluations, reporting, and appeals.

Additionally, the bill amends existing laws regarding annual reporting and the appeals process for guardianship orders. Guardians are mandated to file annual reports with the appointing court within 30 days of their appointment anniversary, and if the Commissioner of Disabilities, Aging, and Independent Living or the Office of Public Guardian is appointed, they must assess the individual's eligibility for voluntary guardianship annually. The appeals process 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 scheduled to take effect on July 1, 2026.

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