Vermont Statutes Title 15 Sec. 5-109
Terms Used In Vermont Statutes Title 15 Sec. 5-109
- Adoptee: means a person who is adopted or is to be adopted. See
- Adult: means a person who has attained 18 years of age. See
- 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.
- Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
§ 5-109. Adoption of an adult who is incompetent
If the adult who is being adopted has been found by a court to be incompetent:
(1) the legal guardian shall join in the petition for adoption;
(2) the court may, upon recommendation of the legal guardian:
(A) waive the requirement that the adoptee join in the petition;
(B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and
(C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and
(3) the court shall:
(A) determine whether the adoptee has expressed an opinion about the granting of the petition;
(B) ensure that the adoptee has not been coerced or subjected to duress, exploitation, or undue influence; and
(C) not grant the petition unless the adoption is in the best interests of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 76.)