2013 Vermont Statutes
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 111 GUARDIANSHIP
§ 2666 Modification; termination
2666. Modification; termination
(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, the child if the child is age 14 or older, or the commissioner for children and families. A modification or termination may also be ordered by the probate division of the superior court on its own initiative.
(b) Where the permanent guardianship is terminated by the probate division of the superior court order or the death of the permanent guardian, the custody and guardianship of the child shall not revert to the parent, but to the commissioner for children and families as if the child had been abandoned.
(c) An order for modification or termination of the permanent guardianship shall be based on a finding by a preponderance of the evidence that there has been a substantial change in material circumstances, or that one or more findings required by subsection 2664(a) of this title no longer can be supported by the evidence, and that the proposed modification or termination is in the best interests of the child.
(d) The burden of proof shall be on the party seeking the modification or termination.
(e) In the event that it is necessary to appoint a successor permanent guardian, the parent may be considered with no greater priority than a third party. (Added 1999, No. 162 (Adj. Sess.), 2; amended 2009, No. 97 (Adj. Sess.), 6; 2009, No. 154 (Adj. Sess.), 238a, eff. Feb. 1, 2011.)
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