Guardianships
Guardianships provide the legal framework for families to help provide security for minor children and adults who need assistance with important services like providing housing and education, managing their finances and arranging for proper medical care. We often receive requests for minor guardianships from grandparents whose own children are going through struggles that impact their ability to provide care for their children.
These struggles include drug addiction, mental health issues, incarceration, or a combination of these challenges. Minor guardianships are intended to be temporary in nature, and the law is structured in a way that a parent can ask for the guardianship to be terminated at any time. If the guardian does not think that termination of the guardianship is in a child’s best interest, they can object, and the court will hold a hearing.
While intended to be temporary in nature, it is not unusual for these guardianships to last until the child turns 18 and graduates from high school. Permanent guardianships are sometimes available through the family court if adoption is not an option. These cases involve children who have been in the custody of the Department of Families and Children (DCF).
Adult guardianships are designed for individuals who are unable to care for their basic needs without substantial assistance. Frequently, this involves elderly parents suffering from dementia, or adult children with a variety of conditions that make it difficult for them to care for themselves (such as Down’s syndrome, autism, or brain injuries from an accident).
For adult guardianships, the Court hires an expert to evaluate the proposed ward to be sure that a guardianship is needed. Sometimes, less intrusive legal tools are available, such as a power of attorney, and the Court looks for the least invasive way to provide needed services for the individual. The Court also hires independent legal counsel for the proposed ward, usually from a list of volunteer or “low bono” attorneys who provide this representation as a community service.
Regardless of the kind of guardianship order (minor or adult), once a guardianship order issues, the guardian is charged with the responsibility for establishing the ward’s residence, making educational and medical decisions, managing finances, making visitation decisions for minors, and entering into contracts. The guardian must file an annual status report with the Court while the guardianship is in place.
Guardianships can create emotionally difficult waters for families to navigate. Adults want to maintain their independence, and parents chafe at the restrictions on their rights to raise their children as they see fit. We try to help families through this difficult process with respect for the rights of all involved.
Frequently Asked Questions
A guardianship is a legal arrangement in which a court appoints a guardian to make decisions for a person — called a ward — who is unable to care for themselves. Guardianships are used for minor children when parents cannot provide adequate care, and for adults who cannot manage their basic needs due to age, disability, or illness.
Once a guardianship order is issued, the guardian is responsible for establishing the ward's residence, making educational and medical decisions, managing finances, entering into contracts, and making visitation decisions for minors. The guardian must also file an annual status report with the court.
Minor guardianships are frequently sought by grandparents when a parent is struggling with drug addiction, mental health issues, incarceration, or a combination of challenges that prevents them from providing stable care for their child.
Minor guardianships are intended to be temporary. A parent can ask the court to terminate the guardianship at any time, and if the guardian believes termination is not in the child's best interest, they can object and request a hearing. In practice, these guardianships often remain in place until the child turns 18.
Yes. Permanent guardianships for minors are sometimes available through the family court when adoption is not an option, particularly in cases involving children who have been in the custody of the Department for Children and Families (DCF).
The firm handles adult guardianships for individuals who cannot care for their basic needs without substantial assistance. Common situations include elderly parents with dementia and adult children with conditions such as Down syndrome, autism, or brain injuries.
The court hires an independent expert to evaluate the proposed ward's needs and appoints independent legal counsel for the proposed ward. The court looks for the least invasive solution — a power of attorney, for example, may be sufficient and would be preferred over a full guardianship.
Yes. Guardianship proceedings can be contested, and the court will hear from all parties before making a decision. Tarnelli & Hughes handles both petitions for guardianship and objections to proposed guardianships.
The firm recognizes the sensitive family dynamics involved — parents who feel their rights are being restricted and adults who want to maintain their independence. The attorneys work to navigate the process with respect for the rights of everyone involved.
Contact Tarnelli & Hughes at (802) 540-0850 or through the website to discuss your situation. The attorneys will explain the process, help you determine whether guardianship is the right tool, and guide you through the steps required to file in Vermont court.