| 1 | 1 | | BILL AS INTRODUCED H.428 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380261 v.1 |
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| 6 | 6 | | H.428 1 |
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| 7 | 7 | | Introduced by Representatives Cina of Burlington and Logan of Burlington 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Guardianship; training requirements for guardians 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to require that 6 |
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| 12 | 12 | | special training requirements be established for persons whom a probate court 7 |
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| 13 | 13 | | appoints as a guardian for an adult with disabilities. 8 |
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| 14 | 14 | | An act relating to training requirements for guardians 9 |
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| 15 | 15 | | It is hereby enacted by the General Assembly of the State of Vermont: 10 |
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| 16 | 16 | | Sec. 1. 14 V.S.A. § 3071 is amended to read: 11 |
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| 17 | 17 | | § 3071. DUTIES OF GUARDIAN 12 |
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| 18 | 18 | | (a) The guardian shall maintain close contact with the person under 13 |
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| 19 | 19 | | guardianship and encourage maximum self-reliance on the part of the person 14 |
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| 20 | 20 | | under guardianship. 15 |
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| 21 | 21 | | (b) In addition to the powers vested in the guardian by the court pursuant to 16 |
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| 22 | 22 | | section 3069 of this title, the court may order the guardian to assure ensure that 17 |
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| 23 | 23 | | the person under guardianship receives those benefits and services to which he 18 |
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| 24 | 24 | | or she the person is lawfully entitled and needs to maximize his or her the 19 BILL AS INTRODUCED H.428 |
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| 25 | 25 | | 2025 Page 2 of 3 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | VT LEG #380261 v.1 |
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| 29 | 29 | | person’s opportunity for social and financial independence. Those benefits and 1 |
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| 30 | 30 | | services include, but are not limited to: 2 |
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| 31 | 31 | | (1) education services for a person under guardianship who is of school 3 |
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| 32 | 32 | | age; 4 |
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| 33 | 33 | | (2) residential services for a person under guardianship who lacks 5 |
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| 34 | 34 | | adequate housing; 6 |
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| 35 | 35 | | (3) nutrition services; 7 |
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| 36 | 36 | | (4) medical and dental services, including home health care; 8 |
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| 37 | 37 | | (5) therapeutic and habilitative services, adult education, vocational 9 |
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| 38 | 38 | | rehabilitation, or other appropriate services. 10 |
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| 39 | 39 | | (c) The guardian shall always serve the interests of the person under 11 |
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| 40 | 40 | | guardianship and shall bring any potential conflicts of interest to the attention 12 |
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| 41 | 41 | | of the court. 13 |
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| 42 | 42 | | (d)(1) When the court appoints a guardian for an adult with disabilities, the 14 |
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| 43 | 43 | | court shall ensure that the guardian understands the powers and duties of 15 |
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| 44 | 44 | | guardianship and complies with the following requirements of a mandatory 16 |
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| 45 | 45 | | training program jointly established by the Probate Division of the Superior 17 |
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| 46 | 46 | | Court and the Department of Disabilities, Aging, and Independent Living: 18 |
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| 47 | 47 | | (A) The training shall include a review of a guardianship handbook 19 |
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| 48 | 48 | | approved by the Probate Division of the Superior Court and the Department of 20 |
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| 49 | 49 | | Disabilities, Aging and Independent Living. 21 BILL AS INTRODUCED H.428 |
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| 50 | 50 | | 2025 Page 3 of 3 |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #380261 v.1 |
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| 54 | 54 | | (B) The training shall be specific to the constitutional and statutory 1 |
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| 55 | 55 | | rights of the person under guardianship, including rights afforded to the person 2 |
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| 56 | 56 | | under guardianship by the U.S. and Vermont Constitutions and by section 3 |
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| 57 | 57 | | 3068a of this title. 4 |
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| 58 | 58 | | (C) The training shall include definitions of civil rights and how they 5 |
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| 59 | 59 | | apply to adults with disabilities. 6 |
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| 60 | 60 | | (2) The proposed guardian shall attend the training program established 7 |
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| 61 | 61 | | pursuant to this subsection prior to the commencement of the guardianship and 8 |
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| 62 | 62 | | every three years thereafter while the guardianship remains in effect. 9 |
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| 63 | 63 | | Sec. 2. EFFECTIVE DATE 10 |
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| 64 | 64 | | This act shall take effect on September 1, 2025. 11 |
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