Vermont Probate Court Forms: Guardianship Filing Guide for Parents

Where to Find the Forms

All official Vermont probate court forms are available through the Vermont Judiciary Forms Library at vtcourts.gov/forms-library. Filter by case type "Guardianship" to see the full list. The forms are free PDF downloads — you don't need a subscription or account.

Private guardianship petitions for adults are filed in the Probate Division of the Superior Court in the county where the person you're seeking guardianship of (the "respondent") resides. Public guardianship cases for adults with developmental disabilities historically go through the Family Division under 18 V.S.A. Chapter 215, though pending legislation (Senate Bill S.5) would consolidate everything under the Probate Division.

The Required Forms

An adult guardianship filing generally includes the following core forms; follow the current Judiciary instructions for which forms apply to your case.

Form 700-00072PAG — Petition to Appoint Guardian for an Adult (Involuntary). This is the main petition. It asks you to describe the respondent's alleged incapacity, state the specific guardianship powers you're requesting, and explain why less restrictive alternatives (supported decision making, powers of attorney, advance directives) were considered and found unworkable. Vermont law requires this analysis — a judge won't grant guardianship without documented evidence that you explored alternatives first.

Form 700-00002AG — List of Interested Persons. Use this form to identify the people who must receive notice of the guardianship proceeding, following the form's instructions. The court uses this list to serve notice of the hearing.

Form 700-00072 — Statement of Respondent's Assets & Income. A financial snapshot of the respondent's resources — bank accounts, benefits (SSI, SSDI), property, trusts, and income sources. This helps the court assess the respondent's financial circumstances and any bond or accounting requirements.

Form 700-00079PG — Guardian's Bond. A fiduciary security instrument that protects the respondent's estate. Whether a bond is required depends on the court's order and the respondent's estate; follow the form's instructions if the court requires one or permits a waiver request.

Form 700-00407 — Consent for Release of Information for Guardianship Proceedings. This authorizes the background check used in the guardianship process.

If you're filing a voluntary guardianship petition (the adult consents to the arrangement), use Form 700-00074 instead of 700-00072PAG. Use the current Judiciary instructions for the supporting forms.

Filing Fees and Waivers

The standard filing fee for an adult guardianship petition is $150 under 32 V.S.A. § 1434(a)(16). If you file electronically through eFileVT (Odyssey File and Serve), the first filing in the case adds a $14 platform transaction fee, bringing that filing to $164.

If you can't afford the filing fee, request a waiver using the Judiciary's Application to Waive Filing Fees and Service Costs (Form 100). The court evaluates your income, assets, and expenses and decides whether the waiver applies.

What Happens After Filing

Once you file, the court sets three processes in motion simultaneously.

Attorney appointment. The Probate Division appoints an attorney for the respondent under 14 V.S.A. § 3065. Counsel is generally compensated from the respondent's estate; if the respondent is indigent, pro bono counsel or nonprofit legal services may be used. The attorney's job is to advocate for the respondent's expressed wishes, not to rubber-stamp the petition.

Clinical evaluation. The court orders a comprehensive capacity evaluation by a qualified mental health professional. The evaluation must be completed within 30 days of the petition date unless the court extends the deadline. It needs to address the respondent's diagnoses, functional limitations, cognitive status, medications, and specific recommendations about which decision-making supports would be least restrictive.

Hearing. The hearing is scheduled 15 to 30 days after the evaluation is filed. You, the respondent, their attorney, and all interested persons receive written notice. At the hearing, you'll need to prove by clear and convincing evidence that the respondent cannot safely manage specific areas of their life and that guardianship is the least restrictive option available.

Emergency and Temporary Forms

If the respondent faces immediate risk of serious harm — a medical emergency, active financial exploitation, or an imminent safety crisis — you can file for emergency temporary guardianship. The standard guardianship petition must also be on file.

Form 700-00094PAG — Motion for Emergency Temporary Guardian (Adult) plus Form 700-00095PAG — Affidavit in Support describe the emergency circumstances. The court can appoint a temporary guardian for a limited duration to address only the immediate crisis, with review and the full guardianship process following under the court's order.

Post-Appointment Reporting Forms

Guardianship doesn't end at appointment. The court requires ongoing reporting to ensure the arrangement still serves the respondent's interests.

Form 700-00093A — Guardian's Annual Report on Adult Guardianship. Due within 30 days of each appointment anniversary under 14 V.S.A. § 3076(a). Covers the respondent's physical and mental health, living situation, employment, and overall well-being.

Form 700-00089PAG — Summary of Account for Adult Guardianship. Required alongside the annual report if you hold financial supervision powers. Details all income received, expenditures made, and current balances.

Form 700-00400 — Accounting When Only Income is Social Security Benefits. A simplified alternative to the full financial accounting for a Social Security-only case, when the court's requirements permit.

Tips for Self-Represented Filers

Most parents file guardianship petitions without an attorney. The forms are designed for self-represented litigants, but a few things trip people up.

Be specific about which powers you're requesting. Vermont law allows the court to grant six categories of authority under 14 V.S.A. § 3069(c) — general supervision, medical consent, financial supervision, contract approval, real property transactions, and legal representation. Request only what you actually need. A judge who sees a request for full authority when limited guardianship would suffice may send you back to try less restrictive alternatives first.

The Vermont Adult Guardianship & Alternatives Guide includes annotated walk-throughs of each form, showing exactly how to fill in the capacity descriptions and less-restrictive-alternatives analysis that the court requires. It also covers the full timeline from filing to final order so you know what to expect at each step.

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