The proposed bill, S.5, seeks to centralize adult guardianship proceedings within the Probate Division of the Superior Court in Vermont, enhancing procedural protections for individuals under guardianship. It introduces voluntary guardianship as a less restrictive alternative for eligible individuals and emphasizes the safeguarding of their human and civil rights. Key amendments include the repeal of previous guardianship services for individuals with developmental disabilities and the establishment of new procedures for guardianship administration, which include specific requirements for evaluations, reporting, and appeals to ensure adequate protections for those under guardianship.

Additionally, the bill outlines that guardians must submit annual reports to the appointing court within 30 days of their appointment anniversary and mandates that certain guardians assess the eligibility for voluntary guardianship annually. It also clarifies the appeals process, allowing for de novo trials in the Civil Division on factual questions 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