Vermont H. 428: An act relating to tipped minimum wage

Bill Text

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VT LEG #380261 v.1
H.428 1
Introduced by Representatives Cina of Burlington and Logan of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Guardianship; training requirements for guardians 5
Statement of purpose of bill as introduced: This bill proposes to require that 6
special training requirements be established for persons whom a probate court 7
appoints as a guardian for an adult with disabilities. 8
An act relating to training requirements for guardians 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 14 V.S.A. § 3071 is amended to read: 11
§ 3071. DUTIES OF GUARDIAN 12
(a) The guardian shall maintain close contact with the person under 13
guardianship and encourage maximum self-reliance on the part of the person 14
under guardianship. 15
(b) In addition to the powers vested in the guardian by the court pursuant to 16
section 3069 of this title, the court may order the guardian to assure ensure that 17
the person under guardianship receives those benefits and services to which he 18
or she the person is lawfully entitled and needs to maximize his or her the 19

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VT LEG #380261 v.1
person’s opportunity for social and financial independence. Those benefits and 1
services include, but are not limited to: 2
(1) education services for a person under guardianship who is of school 3
age; 4
(2) residential services for a person under guardianship who lacks 5
adequate housing; 6
(3) nutrition services; 7
(4) medical and dental services, including home health care; 8
(5) therapeutic and habilitative services, adult education, vocational 9
rehabilitation, or other appropriate services. 10
(c) The guardian shall always serve the interests of the person under 11
guardianship and shall bring any potential conflicts of interest to the attention 12
of the court. 13
(d)(1) When the court appoints a guardian for an adult with disabilities, the 14
court shall ensure that the guardian understands the powers and duties of 15
guardianship and complies with the following requirements of a mandatory 16
training program jointly established by the Probate Division of the Superior 17
Court and the Department of Disabilities, Aging, and Independent Living: 18
(A) The training shall include a review of a guardianship handbook 19
approved by the Probate Division of the Superior Court and the Department of 20
Disabilities, Aging and Independent Living. 21

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VT LEG #380261 v.1
(B) The training shall be specific to the constitutional and statutory 1
rights of the person under guardianship, including rights afforded to the person 2
under guardianship by the U.S. and Vermont Constitutions and by section 3
3068a of this title. 4
(C) The training shall include definitions of civil rights and how they 5
apply to adults with disabilities. 6
(2) The proposed guardian shall attend the training program established 7
pursuant to this subsection prior to the commencement of the guardianship and 8
every three years thereafter while the guardianship remains in effect. 9
Sec. 2. EFFECTIVE DATE 10
This act shall take effect on September 1, 2025. 11