§ 3072 - Guardians; individuals who may serve - Vermont Statutes

§ 3072. Guardians; individuals who may serve

(a)(1) Competent individuals of at least 18 years of age may serve as guardians.

(2) No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care.

(3) No person may serve as guardian for the respondent who has served as guardian ad litem in the same proceeding.

(4) Notwithstanding the provisions of section 2603 of this title, the court shall have the discretion to appoint a guardian who is not a resident of this state, provided that the individual appointed is otherwise qualified to serve.

(b) In appointing an individual to serve as guardian, the court shall take into consideration:

(1) the nomination of a guardian in an advance directive or in a will;

(2) any current or past expressed preferences of the respondent;

(3) the geographic location of the proposed guardian;

(4) the relationship of the proposed guardian and the respondent;

(5) the ability of the proposed guardian to carry out the powers and duties of the guardianship;

(6) the willingness and ability of the proposed guardian to communicate with the respondent and to respect the respondent's choices and preferences;

(7) potential financial conflicts of interest between the respondent and the proposed guardian, and any conflicts that may arise if the proposed guardian is an employee of a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the respondent resides or is receiving care; and

(8) results of any background checks. (Added 1979, No. 76, § 15; amended 1983, No. 91, § 7; 1985, No. 151 (Adj. Sess.), § 13; 2007, No. 186 (Adj. Sess.), § 1.)