Vermont Guardianship Forms: Filing in Probate Court Step by Step

If your parent has already lost the capacity to sign a power of attorney — advanced dementia, severe stroke, or prolonged unconsciousness — the only remaining path to legal authority is through Vermont Probate Court. This is the involuntary guardianship process under 14 V.S.A. Chapter 111, and it requires specific forms, a court-ordered evaluation, a hearing, and ongoing reporting for as long as the guardianship remains active.

It's slower, more expensive, and more invasive than a POA. But when capacity is gone, it's the only option.

Types of Guardianship in Vermont

Vermont Probate Court can appoint:

• Guardian of the Person — authority over personal and healthcare decisions (where the person lives, what medical treatment they receive, daily care)
• Conservator of the Estate — authority over financial affairs (paying bills, managing investments, selling property, filing taxes)
• Both — most families petitioning for an incapacitated parent request both

The court prefers the least restrictive intervention. If your parent can still manage their finances but cannot make healthcare decisions (or vice versa), the court may grant limited authority rather than full guardianship.

Required Forms and Documents

The petition package filed with the Probate Division of the Vermont Superior Court includes:

1. Petition for Guardianship/Conservatorship — identifies the proposed ward, the petitioner, the requested scope of authority, and the basis for claiming incapacity
2. Notice of Hearing — must be served on the proposed ward, their spouse, adult children, and any existing agent under a POA
3. Proposed Guardian Disclosure — background information on the person seeking appointment (criminal history, financial standing, relationship to the ward)
4. Medical or Psychological Evaluation — a licensed physician or psychologist must certify that the proposed ward lacks capacity. This is not optional and cannot be substituted with family observation alone
5. Care Plan — your proposed plan for the ward's residence, medical care, social activities, and financial management

Each Probate Division (there are 14 units across Vermont's counties) may have slightly different local forms or filing requirements. Contact the specific unit where the proposed ward resides for their current form packet.

Filing Fees and Costs

Vermont Probate Court filing fees for guardianship petitions are relatively modest — typically in the range of a standard civil filing. However, the total cost of establishing guardianship includes:

• Filing fee
• Cost of the medical/psychological evaluation (often several hundred dollars if not covered by insurance)
• Attorney's fees if you hire counsel (not required but strongly recommended for contested cases)
• Service of process costs for notifying all interested parties
• Guardian ad litem fees if the court appoints one to represent the ward's interests

For an uncontested guardianship where all family members agree, total costs typically run between a few hundred and a couple thousand dollars. Contested cases — where siblings disagree about who should serve, or where the proposed ward opposes the petition — can run significantly higher.

The Court Process

After filing:

1. Service — The proposed ward must be personally served with the petition and notice of hearing. They have the right to attend, to be represented by an attorney, and to contest the petition.
2. Court-Ordered Evaluation — The court appoints a licensed evaluator to assess the proposed ward's functional capacity. This evaluation considers whether less restrictive alternatives (like a POA or supported decision-making) could serve the person's needs.
3. Hearing — The judge reviews the petition, evaluation, and testimony. If the ward's incapacity is established by clear and convincing evidence, the court enters an order.
4. Appointment and Bond — The appointed guardian/conservator takes an oath and may be required to post a surety bond (especially for conservatorships with significant assets).

Ongoing Obligations

Guardianship in Vermont is not "set and forget." Once appointed:

• Annual personal status reports to the court detailing the ward's living situation, health, social contacts, and any proposed changes
• Annual financial accountings (for conservators) listing all income, expenses, asset changes, and investments
• Court approval required for major decisions: selling real estate, placing the ward in a more restrictive care setting, or making gifts from the ward's estate
• Bonding requirements that may need annual renewal

Failure to file required reports can result in removal as guardian and, in extreme cases, personal liability for any losses to the ward's estate.

Why This Matters for Your Family

The guardianship process typically takes 60-90 days from petition to appointment in uncontested cases — longer if contested. During that time, you may have no legal authority to make medical decisions, access bank accounts, or arrange care transitions. Emergency temporary guardianship is available for immediate safety concerns, but it requires showing the court that the ward faces imminent harm without intervention.

This is why advance planning matters so much. A properly executed durable power of attorney — completed while your parent still has capacity — gives you immediate authority without court involvement, ongoing reporting requirements, or judicial oversight of routine decisions.

Getting Started

The Vermont Power of Attorney & Guardianship Kit covers both paths: the voluntary POA route (for parents who still have capacity) and a complete guardianship court process map with filing checklists and reporting templates (for families who've already passed that window). It includes a POA-vs-guardianship comparison so you can identify which path applies to your situation before spending time on the wrong forms.

See more Vermont guides →