2005 Vermont Code - § 3061. — Definitions

§ 3061. Definitions

The words and phrases used in this subchapter shall be defined as follows:

(1) "Mentally disabled person" means a person who has been found to be:

(A) at least 18 years of age; and

(B) mentally ill or developmentally disabled; and

(C) unable to manage, without the supervision of a guardian, some or all aspects of his or her personal care or financial affairs.

(2) "Unable to manage his or her personal care" means the inability, as evidenced by recent behavior, to meet one's needs for medical care, nutrition, clothing, shelter, hygiene or safety so that physical injury, illness or disease has occurred or is likely to occur in the near future.

(3) "Unable to manage his or her financial affairs" means gross mismanagement, as evidenced by recent behavior, of one's income and resources which has led or is likely in the near future to lead to financial vulnerability.

(4) "Developmentally disabled" means significantly subaverage intellectual functioning which exists concurrently with deficits in adaptive behavior.

(5) "Mentally ill" means a substantial disorder of thought, mood, perception, orientation, or memory, any of which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but shall not include mental retardation.

(6) "Near relative" means a parent, stepparent, brother, sister, grandparent, or adult child.

(7) "Person interested in the welfare of the ward" means a responsible adult who has a direct interest in a mentally disabled person and includes but is not limited to, the proposed mentally disabled person, a near relative, a guardian, public official, social worker, physician or clergyman.

(8) "Total guardianship" means the legal status of a mentally disabled person who is subject to a guardian's exercise of all the powers listed in section 3069 of this title.

(9) "Limited guardianship" means the legal status of a mentally disabled person who is subject to a guardian's exercise of some, but not all of the powers listed in section 3069 of this title.

(10) "Qualified mental health professional" means:

(A) for the evaluation of an allegedly developmentally disabled person, a licensed psychologist, physician, certified special educator, or certified clinical social worker, or certified clinical mental health counselor, any of whom must also have specialized training and demonstrated competence in the assessment of developmentally disabled persons;

(B) for the evaluation of an allegedly mentally ill person, a person with professional training and demonstrated competence in the treatment of mental illness, who shall be a physician, licensed psychologist, certified clinical social worker or certified clinical mental health counselor.

(11) "Respondent" means a person who is the subject of a petition filed pursuant to section 3063 of this title or a ward who is the subject of any subsequent petition, motion, or action filed pursuant to this subchapter.

(12) "Party" shall have the same meaning as defined by Rule 17(a)(3) and (b) of the Vermont Rules of Probate Procedure.

(13) "Ward" means a person under a guardianship order. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 156; 1989, No. 191 (Adj. Sess.); 2005, No. 198 (Adj. Sess.), §§ 9, 15, eff. Sept. 1, 2006.)