Vermont Statutes Title 14 Sec. 3068a
Terms Used In Vermont Statutes Title 14 Sec. 3068a
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- 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.
- 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
- Person under guardianship: means a person in need of guardianship for whom a guardianship order has been issued. See
§ 3068a. Rights of a person under guardianship
A person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and U.S. constitutions and all the laws and regulations of Vermont and the United States. These rights include:
(1) The right to participate in decisions made by the guardian and to have personal preferences followed unless:
(A) the preference is unreasonable and would result in actual harm; or
(B) the person under guardianship does not have a basic understanding of the benefits and consequences of his or her chosen preference.
(2) The right, without interference from anyone, to retain an attorney and to communicate freely with counsel, the court, ombudsmen, advocates of his or her choosing, and other persons authorized by law to act as an advocate for the person under guardianship.
(3) The right to retain an attorney and seek legal advice independently without consent of the guardian, provided that any legal fees not authorized by the guardian are subject to review and approval by the court. (Added 2005, No. 198 (Adj. Sess.), § 11, eff. Sept. 1, 2006; amended 2007, No. 186 (Adj. Sess.), § 1.)