Vermont H. 624: An act relating to the protection of information in the statewide voter checklist

Bill Text

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VT LEG #385080 v.1
H.624 1
Introduced by Representatives LaLonde of South Burlington and Goodnow of 2
Brattleboro 3
Referred to Committee on 4
Date: 5
Subject: Probate; guardianships; Adult Involuntary Guardianship Working 6
Group 7
Statement of purpose of bill as introduced: This bill proposes to create the 8
Adult Involuntary Guardianship Working Group to study jurisdiction of 9
proceedings involving the involuntary guardianship of adults. 10
An act relating to creating the Adult Involuntary Guardianship Working 11
Group 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. ADULT INVOLUNTARY GUARDIANSHIP WORKING 14
GROUP; REPORT 15
(a) Creation. There is created the Adult Involuntary Guardianship Working 16
Group to study jurisdiction of proceedings involving the involuntary 17
guardianship of adults. The Working Group shall examine the advisability of 18
consolidating adult involuntary guardianships under 14 V.S.A. chapter 111, 19
subchapter 12 (Title 14 involuntary guardianships) with guardianships for 20

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persons with developmental disabilities under 18 V.S.A. chapter 215 (Title 18 1
guardianships), or otherwise amending the statutes to ensure that respondents 2
under Title 18 guardianships have access to voluntary guardianships that is 3
equal to the access to voluntary guardianships available under Title 14. 4
(b) Membership. The Adult Involuntary Guardianship Working Group 5
shall be composed of the following members: 6
(1) the Commissioner of Disabilities, Aging, and Independent Living or 7
designee; 8
(2) the Chief Superior Court Judge or designee; 9
(3) the Court Administrator or designee; 10
(4) a superior judge with experience in Title 18 guardianships, 11
appointed by the Chief Justice; 12
(5) a probate judge, appointed by the Chief Justice; 13
(6) a guardian ad litem, appointed by the Court Administrator; 14
(7) an attorney with experience in adult guardianships, appointed by the 15
Vermont Bar Association; 16
(8) an attorney with experience in adult guardianships, appointed by 17
Vermont Legal Aid; 18
(9) an independent mental health evaluator, appointed by the 19
Commissioner of Disabilities, Aging, and Independent Living; and 20

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(10) a member, appointed by the Vermont Center for Independent 1
Living. 2
(c) Meetings. 3
(1) The Commissioner of Disabilities, Aging, and Independent Living 4
shall call the first meeting of the Working Group to occur on or before August 5
1, 2026. 6
(2) The Working Group shall select a chair from among its members at 7
the first meeting. 8
(3) A majority of the membership shall constitute a quorum. 9
(d) Report. 10
(1)(A) On or before December 15, 2026, the Working Group shall report 11
its recommendations, including any proposed legislative changes, to the House 12
and Senate Committees on Judiciary, the House Committee on Human 13
Services, and the Senate Committee on Health and Welfare. 14
(B) The report shall recommend whether: 15
(i) Title 14 involuntary guardianship proceedings and Title 18 16
guardianship proceedings should be consolidated in one division of the 17
Superior Court; or 18
(ii) Title 14 involuntary guardianship proceedings and Title 18 19
guardianship proceedings should remain in separate divisions of the Superior 20
Court as provided for in existing law. 21

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(2) With respect to subdivisions (1)(B)(i) and (ii) of this subsection, the 1
report shall address: 2
(A) the judicial resources and oversight that would be required; 3
(B) whether, notwithstanding 12 V.S.A. § 2553 or 2555, the Vermont 4
Supreme Court should have appellate jurisdiction over guardianship 5
proceedings; 6
(C) the relationship between guardianships under subdivisions 7
(1)(B)(i) and (ii) of this subsection (d) and voluntary guardianships under 8
14 V.S.A. § 2671; 9
(D) any legislative changes that would need to be made under either 10
recommendation to ensure that respondents under Title 18 guardianships have 11
access to voluntary guardianships that is equal to the access to voluntary 12
guardianships available under Title 14; and 13
(E) any other matters deemed relevant by the Working Group, 14
including any matters not currently under the jurisdiction of Title 14 15
guardianships or Title 18 guardianships. 16
Sec. 2. EFFECTIVE DATE 17
This act shall take effect on passage. 18