Vermont Statutes Title 18 Sec. 9305
Terms Used In Vermont Statutes Title 18 Sec. 9305
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardianship: means the legal status of a person with developmental disabilities who is subject to the Commissioner's exercise of some or all of the powers listed in section 9310 of this title. See
- Interested person: means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Near relative: means a spouse, parent, step parent, brother, sister, or grandparent. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Respondent: means a person who is the subject of a petition filed pursuant to section 9305 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 9305. Petition for guardianship
Any interested person with knowledge of the facts alleged may request the State‘s Attorney having jurisdiction to file a petition with the Family Division of the Superior Court alleging that person is developmentally disabled and in need of guardianship. The State’s Attorney shall file the petition unless it clearly appears that the petition will be insufficient to support an action under this chapter. The petition shall set forth:
(1) The name, address, and telephone number of the interested person who requested the filing of the petition, and the nature of his or her interest in the person alleged to have developmental disabilities;
(2) The name, address, telephone number, and age of the respondent and the name, address, and telephone number of any near relative of the respondent and the name of any guardian or person holding a power of attorney of the person;
(3) The reasons and the supporting facts why guardianship is needed;
(4) The petition shall be limited to information that is relevant to the respondent’s need for guardianship. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238.)