2013 Vermont Statutes
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 111 GUARDIANSHIP
§ 2645 Appointment of guardian


14 V.S.A. § 2645 What's This?

2645. Appointment of guardian

On petition of a minor or a person interested in the welfare of the minor, the probate division of the superior court may appoint a guardian of the minor in the following cases:

(1) When the minor has no parent living authorized to act as guardian; or

(2) When the parent is under guardianship or shown to be incompetent or unsuitable to have the custody of the person of the minor; or

(3) When the parent of the minor resides without the state and has so resided for three years and has not contributed to the minor's support during such time, provided the minor has resided in the state three years when the appointment is made. This clause shall not take away from the probate division of the superior court the power to appoint a guardian as otherwise provided by law; or

(4) When no parent objects and transfer of custody is in the best interest of the minor and is not solely for the purpose of establishing a residence for school purposes; or

(5) When the minor has a parent living and the minor is the owner of real or personal property. Guardians appointed pursuant to this subdivision shall have the care and management of the estate of the minor but not custody of the minor, and the probate division of the superior court's order shall so indicate. (Amended 1981, No. 153 (Adj. Sess.), 1; 1985, No. 144 (Adj. Sess.), 119; 2009, No. 154 (Adj. Sess.), 238a, eff. Feb. 1, 2011.)

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