Vermont Guardianship Cost: Filing Fees, Evaluations, and Attorney Rates

The Court Filing Fee

The base cost to file an adult guardianship petition in Vermont is $150, set by statute at 32 V.S.A. § 1434(a)(16). This is the same whether you're filing for limited guardianship (specific powers only) or full guardianship.

If you file electronically through eFileVT (the Odyssey File and Serve system), the first filing in the case adds a $14 platform transaction fee. Total first electronic filing: $164. Filing paper copies in person at the Probate Division clerk's office avoids the $14 fee.

Fee Waivers

If your household income falls near or below federal poverty guidelines, you can request a waiver of the filing fee using the Judiciary's Application to Waive Filing Fees and Service Costs (Form 100). The court reviews your income, assets, and expenses and decides whether the waiver applies.

The waiver covers the filing fee and may also cover service costs (the expense of formally delivering notice of the guardianship petition to all interested parties). Ask the court how the waiver interacts with evaluation costs and any attorney fees if you choose to hire one.

The Clinical Evaluation

The court orders a comprehensive capacity evaluation of the respondent (your adult child). The evaluation must be completed within 30 days of the petition being filed, unless the court extends the deadline. This is mandatory under 14 V.S.A. § 3067 — you cannot skip it.

The evaluation must be performed by a qualified mental health professional or licensed clinician. It covers the respondent's physical and psychiatric diagnoses, functional limitations, cognitive status, current medications, and recommendations about least restrictive alternatives.

Cost varies depending on the evaluator and complexity of the evaluation.

If your child has personal assets, those assets must be used to pay for the evaluation. If they don't — which is common for young adults turning 18 who rely on SSI — public funds cover it. The court determines payment responsibility.

Attorney Costs

You're not required to hire an attorney to file a guardianship petition. The forms are designed for self-represented litigants, and many families file on their own.

If you do hire a probate attorney, research cites hourly rates of $250 to $400 in Vermont. The total depends on the hours and complexity of the case.

Contested cases — where the respondent or another family member objects — cost significantly more because they may require additional hearings, evidence, and clinical-expert work.

The Probate Division appoints counsel for the respondent. Counsel is generally compensated from the respondent's estate; if the respondent is indigent, pro bono counsel or nonprofit legal services may be used. This attorney advocates for the respondent's expressed wishes and challenges the petition — it's an adversarial check, not a formality.

Ongoing Costs After Appointment

Guardianship isn't a one-time expense. Annual compliance has modest costs that add up.

Guardian's bond. If your child has assets, the court may require you to post a surety bond to protect those assets. Whether a bond is required and how it is handled depends on the court's order and the estate.

Annual reporting. Filing the Guardian's Annual Report (Form 700-00093A) and any required financial accounting has no court fee, but preparing the accounting — especially for complex estates involving trusts or multiple income sources — may require an accountant. A Social Security-only estate may use the simplified Form 700-00400 when the court's requirements permit.

Modification or termination petitions. If your child's circumstances change and you need to modify the guardianship order (adding or removing powers), or if your child improves and seeks to terminate the guardianship, confirm the filing requirements and current fee schedule with the Probate Division.

Total Cost Comparison

Here's how guardianship stacks up against the alternatives:

The non-court alternatives avoid the guardianship filing fee, although execution costs may apply. Guardianship adds the filing fee, evaluation and ongoing reporting requirements, and an uncontested case typically takes six to twelve weeks. That gap is why Vermont law requires petitioners to demonstrate that alternatives were explored and found unworkable before the court will grant guardianship powers.

Making the Cost Decision

The question isn't just how much guardianship costs — it's whether you need to spend that money at all. If your child has the capacity to sign legal documents (understands the concept of appointing someone to help them), you can build a comprehensive protection framework with a healthcare advance directive, a financial POA, and an educational POA without a guardianship filing fee.

The Vermont Adult Guardianship & Alternatives Guide walks through the decision systematically, comparing each option against your child's specific capabilities and needs. If guardianship turns out to be necessary, it includes step-by-step instructions for filing as a self-represented litigant — saving the cost of an attorney for straightforward, uncontested cases.

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