Bill > H0026

This bill, known as the Adult Guardianship Equity Act (AGE Act), aims to consolidate adult guardianship proceedings into the Probate Division of the Superior Court, addressing longstanding disparities in guardianship procedures between the Family Division and Probate Division. The bill highlights historical differences in legal protections for individuals under guardianship, particularly those with developmental disabilities, and seeks to create a more uniform and equitable system. Key provisions include requiring courts to prioritize voluntary guardianship when possible, mandating comprehensive evaluations that assess an individual's specific capabilities, and ensuring robust procedural protections such as the right to a guardian ad litem, annual reporting, court oversight of residential placement changes, and the right to de novo appeals. The bill repeals the existing statute governing guardianship services for people with developmental disabilities and creates a new framework that allows the State's Attorney to petition for guardianship when no suitable private guardian is available, with the Office of Public Guardian potentially serving as guardian. Additionally, the legislation updates language to be more respectful and person-centered, replacing outdated terminology and emphasizing the goal of maintaining maximum self-reliance and independence for individuals under guardianship. The bill is set to take effect on July 1, 2026, providing time for implementation and system adjustments.

Justice

https://legislature.vermont.gov/bill/status/2026/H.26