2005 Vermont Code - § 3069. — Powers of a total guardian

§ 3069. Powers of a total guardian

(a) If the court enters judgment pursuant to section 3068(f) of this title, it may appoint a total guardian if it determines that the respondent is unable to manage, without the supervision of a guardian, all aspects of his personal care and financial affairs.

(b) A total guardian shall supervise the ward through the exercise of the following powers:

(1) to exercise general supervision over the ward. This includes choosing or changing the residence, subject to the requirements of sections 2691, 3073 and 3074 of this title, care, habilitation, education, and employment of the ward;

(2) to approve or withhold approval of any contract, except for necessaries, which the ward wishes to make;

(3) to approve or withhold approval of the ward's request to sell or in any way encumber his or her personal or real property;

(4) to exercise general supervision over the income and resources of the ward. This includes the power to receive, invest, and expend all wages, compensation, insurance benefits, public benefits, and pensions for the benefit of the ward and to liquidate resources for the benefit of the ward;

(5) to consent to surgery or other medical procedures, subject to the provisions of section 3075 of this title, subsection 9711(g) of Title 18, and any constitutional right of the ward to refuse treatment;

(6) to receive, sue for, and recover debts and demands due to the ward, to maintain and defend actions or suits for the recovery or protection of the property or person of the ward, settle accounts, demands, claims, and actions by or against the ward, including actions for injuries to the property or person of the ward, and to compromise, release, and discharge the same on such terms as he deems just and beneficial to the ward.

(c) The total guardian shall exercise his supervisory powers over the ward in a manner which is least restrictive of the ward's personal freedom consistent with the need for supervision. (Added 1979, No. 76, § 15; amended 2005, No. 198 (Adj. Sess.), § 12, eff. Sept. 1, 2006.)