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Terms Used In Vermont Statutes Title 13 Sec. 2404

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lawful custodian: means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Relative: means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption. See

§ 2404. Definitions

As used in this chapter:

(1) “Lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another.

(2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption.

(3) “Restrain” means to restrict substantially the movement of another person without the person’s consent or other lawful authority by:

(A) removing the restrained person from the person’s residence or place of business, or from a hospital or school; or

(B) moving the restrained person a substantial distance from the place where the restriction on the person’s movement commenced; or

(C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.

(4) A restraint is “without consent” if it is accomplished:

(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person’s lawful custodian has not acquiesced in the movement or confinement; or

(B) by force, threat, or deception. (Added 1989, No. 293 (Adj. Sess.), § 3; amended 2009, No. 3, § 12a.)