2005 Vermont Code - § 3067. — Evaluation and report

§ 3067. Evaluation and report

(a) When a petition is filed pursuant to section 3063 of this title, the court shall order an evaluation of the respondent. Except as otherwise provided in this subsection, the cost of the evaluation shall be paid for out of the respondent's estate. If the respondent is unable to afford some or all of the cost of the evaluation without expending income or liquid resources necessary for living expenses, the court shall order that the department of health or the department of disabilities, aging, and independent living provide the evaluation through community mental health agencies affiliated with the departments.

(b) The evaluation shall be performed by a qualified mental health professional. The evaluation shall be completed within 30 days of the filing of the petition with the court.

(c) The evaluation shall:

(1) describe the nature and degree of the respondent's disability, if any, and the level of the respondent's intellectual, developmental and social functioning;

(2) contain recommendations, with supporting data, regarding

(A) those aspects of his personal care and financial affairs which the respondent can manage without supervision or assistance;

(B) those aspects of his personal care and financial affairs which the respondent could manage with the supervision or assistance of support services and benefits;

(C) those aspects of his personal care and financial affairs which the respondent is unable to manage without the supervision of a guardian;

(D) those powers and duties as set forth in sections 3069 and 3071 of this title which should be given to the guardian, including the specific support services and benefits which should be obtained by the guardian for the respondent. (Added 1979, No. 76, § 15; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 24.)