What is a guardianship?

A guardianship is a legal arrangement in which an adult is appointed by a court to look after the personal and/or financial affairs of a minor or a person deemed legally incapacitated. In Vermont, the court appoints a guardian if it is determined to be in the best interest of the individual. A guardianship can be voluntary, meaning the guardian was nominated by the individual or someone close to them; or it can be involuntary, meaning the guardian was appointed by the court. In Vermont, a guardian may be charged with the following duties: arrange for the care and education of the minor or person deemed legally incapacitated, provide for the minor’s safety and welfare, manage the minor’s property and finances, provide for the minor’s medical care and treatment, and make other necessary decisions regarding the minor’s personal care. A guardianship can be terminated by the court or by the guardian. If the minor is of legal age or the person deemed incapacitated regains his/her rights, then the guardianship will be terminated. The guardian may also choose to end the guardianship voluntarily. In either case, the guardian must go to court and file the appropriate paperwork to have the guardianship ended.

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