Vermont Statutes Title 27 Sec. 143
Terms Used In Vermont Statutes Title 27 Sec. 143
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Probate: Proving a will
- Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. 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
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 143. Spouse with a mental condition or psychiatric disability
(a) When the spouse of an owner of a homestead lacks capacity to protect the spouse’s homestead interest due to a mental condition or psychiatric disability and the owner desires to convey the homestead or an interest therein, the owner may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days’ notice of the petition to the kindred of the spouse who lacks capacity to protect the spouse’s interest due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by the owner’s sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect the spouse’s interests and had joined in the deed.
(b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires.
(c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54; 2023, No. 6, § 318, eff. July 1, 2023.)