Public Guardian

V.S.A. tit. 14, ch. 111, subch. 13

in effect

14 V.S.A. § 3091 Office of Public Guardian established

3091. Office of Public Guardian established (a) An Office of Public Guardian is established within the Department of Disabilities, Aging, and Independent Living for the purpose of making guardianship services available to mentally disabled persons 60 years of age or older for whom the Probate Division of the Superior Court is unable to appoint a guardian from the private sector. (b) The Commissioner of the Department of Disabilities, Aging, and Independent Living shall employ persons as public guardians to act as designees of the Office and to carry out the duties of the Office of Public Guardian. Public guardians shall be available for appointment in each of the planning and service areas served by the area agencies on aging. (c) The Commissioner of the Department of Disabilities, Aging, and Independent Living may adopt rules necessary to accomplish the purposes of this subchapter including standards relating to the maximum number of appointments that may be accepted by the Office. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 9(a), (b); 2005, No. 174 (Adj. Sess.), § 25; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 3092 Appointment of the Office of Public Guardian

3092. Appointment of the Office of Public Guardian (a) The Office of Public Guardian may be nominated and appointed to serve as guardian, under subchapter 12 of this chapter, of a person who is 60 years of age or older if the court determines that there is no suitable private guardian qualified and willing to accept the guardianship appointment and the appointment will not result in the Office having more appointments than permitted by rules adopted under section 3091 of this title. (b) Neither the Office of Public Guardian or its designees may petition for guardianship. (c) The Office of Public Guardian may combine the bonding requirement under section § 2751 of this title for some or all of its wards by purchasing a bond in an amount equal to or greater than the aggregate sum of the resources of the wards for whom the bond is issued. The amount of this bond shall be adjusted as necessary to reflect fluctuations in the aggregate amount of wards’ resources. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 2.

14 V.S.A. § 3093 Powers and duties of Public Guardian

3093. Powers and duties of Public Guardian In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall: (1) Be considered a person interested in the welfare of the ward for purposes of filing a motion under section 3077 of this title for termination or modification of guardianship. (2) Visit the facility in which the ward is to be placed if it is proposed that the ward be placed outside his or her home. (3) Monitor the ward and the ward’s care and progress on a continuing basis. Monitoring shall, at a minimum, consist of quarterly personal contact with the ward. The Office of Public Guardian shall maintain a written record of each visit with a ward. A copy of this record shall be filed with the Probate Division of the Superior Court as part of the annual report required under section 3076 of this title. The Office, through its designees, shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 3094 Duty to seek private guardian

3094. Duty to seek private guardian (a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Division of the Superior Court describing its efforts to locate a private guardian for the ward. (b) Upon location of a suitable private guardian, the Office of Public Guardian shall file a motion with the Probate Division of the Superior Court for termination or modification of the guardianship. Availability of a suitable private guardian shall be deemed a change in the suitability of the Office of Public Guardian for carrying out its powers and duties under section 3077(a)(5) of this title. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 3095 Statistics to be maintained

3095. Statistics to be maintained The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following: (1) The number of wards for which the Office of Public Guardian was appointed during the year for each planning service area served by the area agencies on aging. (2) The dates on which the Office was appointed by the Probate Division of the Superior Court during the year. (3) The number of guardianships carried over from the preceding year. (4) The date of termination of each guardianship terminated during the period. (5) The disposition of each guardianship terminated. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 3096 Office of Public Guardian to offer assistance

3096. Office of Public Guardian to offer assistance (a) The Office of Public Guardian may provide assistance to private guardians: (1) To help them understand the disabilities of the person under guardianship. (2) To help them foster increased independence on the part of the person under guardianship. (3) With the preparation and revision of guardianship plans and reports. (4) On ways to secure rights, benefits, and services to which the persons under guardianship are entitled. (b) The Office shall: (1) Develop public education programs on guardianship and alternatives to guardianship. (2) Encourage individuals in the private sector to serve as guardians. (3) Prepare and make available, at no charge, a booklet which describes the duties of a guardian. Added 1987, No. 239 (Adj. Sess.), § 1; amended 1989, No. 151 (Adj. Sess.), § 6; 2013, No. 96 (Adj. Sess.), § 65.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/14/111Fetched: 10/21/2026