VT S0005

Consolidates all adult guardianship proceedings into the Probate Division of Superior Court, repealing the separate Family Division process for people with developmental disabilities that currently covers approximately 600 adults

Establishes voluntary guardianship as the preferred "least restrictive" option when a person qualifies and agrees, allowing guardianship without a judicial finding of mental incapacity

Adds procedural protections including: right to object to evaluation orders and request a hearing, de novo appeals on factual questions to Civil Division, and entitlement to jury trial on appeal when contesting need for guardianship

Requires State's Attorneys to file guardianship petitions for persons with developmental disabilities when requested (if legally sufficient) and permits appointment of the Office of Public Guardian when no suitable private guardian exists

Mandates annual assessments by the Commissioner of Disabilities, Aging, and Independent Living or Office of Public Guardian to determine if persons under guardianship would qualify for voluntary guardianship; effective date July 1, 2026