Vermont Statutes Title 18 Sec. 9303
Terms Used In Vermont Statutes Title 18 Sec. 9303
- Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. 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.
- 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
- 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.
- Person: means any individual, company, corporation, association, partnership, the U. See
- Person in need of guardianship: means a person who:
- Person with developmental disabilities: means :
- Probate: Proving a will
- Respondent: means a person who is the subject of a petition filed pursuant to section 9305 of this title. See
- Venue: The geographical location in which a case is tried.
§ 9303. Jurisdiction and venue
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the unit in which the person with developmental disabilities is residing.
(b)(1) The Probate Division of the Superior Court shall have concurrent jurisdiction to appoint the Commissioner to serve as a temporary guardian for a person in need of guardianship when:
(A) a petition has been filed pursuant to 14 V.S.A. § 3063;
(B) the Probate Division of the Superior Court finds that the respondent is a person in need of guardianship as defined in subdivision 9302(5) of this title; and
(C) no suitable private guardian can be located.
(2) Within 60 days after appointment as a temporary guardian, the Commissioner shall file an application in the Family Division of the Superior Court for appointment under this chapter and for modification or termination of the Probate Division order. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 154; 2009, No. 154 (Adj. Sess.), § 154a, eff. Feb. 1, 2011.)
NotesHistory Editor’s note —2018.
Section set out to correct an error in the historical citation.