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)
• Guardian 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 core forms and steps for an adult involuntary guardianship filed in the Probate Division of the Vermont Superior Court include:

1. Petition to Appoint Guardian for an Adult (Involuntary) (Form 700-00072PAG) — identifies the proposed ward, the requested scope of authority, and the less restrictive alternatives considered
2. Statement of Respondent's Assets and Income (Form 700-00072)
3. List of Interested Persons (Form 700-00002AG)
4. Consent for Release of Information for Guardianship Proceedings (Form 700-00407)
5. Court-directed clinical evaluation and background checks — these follow filing and are part of the court process
6. Guardian's Bond (Form 700-00079PG) — required after appointment

Use the current forms and filing instructions from the Probate Division for the county where the proposed ward resides; local filing instructions can change.

Filing Fees and Costs

The filing fee for an adult guardianship petition is $150 under 32 V.S.A. § 1434(a)(16). The total cost of establishing guardianship can also include:

• 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
• Bond premiums and other court-ordered costs, if applicable

Total costs vary with the evaluation, service, counsel, bond, and other case requirements. 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 and interested parties must receive the petition and notice of hearing by the permitted service method, including certified mail with restricted delivery or service by an authorized officer or process server. The parent has 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 takes the required steps and executes a Guardian's Bond; a surety premium may apply depending on the court's requirements.

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 a Guardian of the Estate) 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 set by the court

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

In an uncontested case, the hearing is generally scheduled about 45-60 days after filing; total time to appointment varies and contested cases take longer. 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 immediate, serious, and irreparable 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 →