Vermont Statutes Title 33 Sec. 6907
Terms Used In Vermont Statutes Title 33 Sec. 6907
- Abuse: means :
- Adult: means any individual who is 18 years of age or older. See
- Alleged perpetrator: means the individual alleged to have abused, neglected, or exploited the alleged victim. See
- Alleged victim: means the individual who is alleged to have been abused, neglected, or exploited by the alleged perpetrator. See
- Department: means the Department of Disabilities, Aging, and Independent Living. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exploitation: means :
- 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.
- Neglect: means purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission to:
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. 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
- Probate: Proving a will
- Protective services: means services, actions, measures, or interventions that are intended, through voluntary agreement or through appropriate court action, to prevent further neglect, abuse, or exploitation of a vulnerable adult. See
- Vulnerable adult: means any person 18 years of age or older who:
§ 6907. Remedial action
(a) Protective services. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services.
(b) Consent to services.
(1) Protective services shall be provided only with the consent of the vulnerable adult; the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive; or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court ordered.
(2)(A) In the event that the vulnerable adult’s guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian refuses consent to the investigation or the alleged victim‘s protective services, the investigator may seek review of the guardian’s refusal by filing a motion with the Probate Division of the Superior Court pursuant 14 V.S.A. § 3062(c).
(B) In the event that the vulnerable adult’s agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the agent’s refusal by filing a petition in Superior Court pursuant to 14 V.S.A. § 3510(b).
(C) In the event that the vulnerable adult’s agent under advance directive is the person responsible for the abuse, neglect, or exploitation, and the agent does not consent to the investigation or the receipt of protective services, the investigator may file a petition in Probate Court pursuant to 18 V.S.A. § 9718 to seek review under subdivision (b)(3) of that section as to whether the refusal is consistent with the authority granted to the agent in the advance directive.
(3) Failure to consent to protective services, either by the vulnerable adult or the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)