Bill > S0005

This bill, known as the Adult Guardianship Equity Act (AGE Act), aims to address disparities in guardianship proceedings for adults with disabilities across different Vermont court divisions. The bill seeks to consolidate guardianship proceedings for people with developmental disabilities into the Probate Division, which currently offers more robust procedural protections compared to the Family Division. Key provisions include establishing that voluntary guardianship should be considered the least restrictive option when possible, repealing the existing statute on guardianship services for people with developmental disabilities, and creating a new process for guardianship services that allows State's Attorneys to file petitions for guardianship when no suitable private guardian is available. The bill enhances procedural protections by requiring more comprehensive evaluations, mandating annual reports from guardians, providing clearer appeal rights, and ensuring that guardianship is only used when necessary to promote an individual's well-being and independence. Notably, the bill introduces provisions to prevent subjecting individuals to involuntary guardianship if they qualify for and agree to a voluntary guardianship, and it aims to align guardianship practices more closely with constitutional principles of equal treatment. The changes will take effect on July 1, 2026, giving state agencies time to prepare for the new guardianship framework.

Justice

https://legislature.vermont.gov/bill/status/2026/S.5