Terms Used In Vermont Statutes Title 33 Sec. 7510

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Office: means the Office of the State Long-Term Care Ombudsman. See
  • Ombudsman: means the individual selected from among individuals with expertise and experience in the fields of long-term care and advocacy who heads the Office of the State Long-Term Care Ombudsman and is responsible personally, or through representatives of the Office, to fulfill the functions, responsibilities, and duties set forth in 45 C. See
  • representatives of the Office: means the employees or volunteers designated by the State Long-Term Care Ombudsman to carry out the duties of the Office, regardless of whether supervision is provided by the Ombudsman, his or her designee, or an agency hosting a local Ombudsman entity designated by the Ombudsman. See

§ 7510. Legal assistance

(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:

(A) provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and

(B) provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office are State employees, the Office of the Attorney General shall provide legal representation and advice to the Ombudsman and the representatives of the Office.

(b) Legal representation of the Ombudsman program by the Ombudsman or a representative of the Office who is a licensed attorney shall not by itself constitute adequate legal counsel. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 2; 2017, No. 23, § 1.)