Terms Used In Vermont Statutes Title 18 Sec. 9302

  • Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
  • Department: means the Department of Disabilities, Aging, and Independent Living. 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.
  • Near relative: means a spouse, parent, step parent, brother, sister, or grandparent. See
  • Person: means any individual, company, corporation, association, partnership, the U. See
  • Person with developmental disabilities: means :

§ 9302. Definitions

As used in this chapter:

(1) "Person with developmental disabilities" means:

(A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:

(i) intellectual disability, autism, or pervasive developmental disorder; and

(ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or

(B) a person with a developmental disability who was receiving services on July 1, 1996.

(2) "Commissioner" means the Commissioner of Disabilities, Aging, and Independent Living.

(3) "Near relative" means a spouse, parent, step parent, brother, sister, or grandparent.

(4) "Interested person" means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy.

(5) "Person in need of guardianship" means a person who:

(A) has developmental disabilities within the meaning of this chapter;

(B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and

(C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.

(6) "Guardianship" means the legal status of a person with developmental disabilities who is subject to the Commissioner’s exercise of some or all of the powers listed in section 9310 of this title.

(7) [Repealed.]

(8) "Qualified developmental disabilities professional" means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.

(9) "Respondent" means a person who is the subject of a petition filed pursuant to section 9305 of this title.

(10) "Department" means the Department of Disabilities, Aging, and Independent Living. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1; 2005, No. 174 (Adj. Sess.), § 49; 2013, No. 96 (Adj. Sess.), § 116.)