A Public Guardian may be appointed by the Probate Court for a mentally disabled adult 60 years of age or older if it finds that there is no suitable and willing family member or friend to serve as guardian and the person needs a guardian. Every effort to locate a suitable private guardian must be made before a Public Guardian may be appointed.

To find that a person needs a guardian, the Probate Court must find the proposed ward to be either mentally ill (dementia is a qualifying condition) or developmentally disabled, AND unable to manage his/her own personal care and/or financial affairs without the supervision of a guardian. Eccentricity or poor judgment alone are NOT criteria for guardianship, nor is guardianship appropriate if less invasive solutions to a senior's well-being can be implemented.

The procedures for appointing a Public Guardian for a mentally disabled adult age 60 or over are the same as for appointing a Private Guardian.

• How is Guardianship Started?
• How do I get a form to Petition for Guardianship?

Based on the ward's needs, the Court grants the guardian one or more of six guardianship powers, which give the guardian authority to make certain decisions on behalf of the ward, most often involving financial issues, medical needs, and/or placement decisions. Under the supervision of the Court, the guardian maintains contact with the ward, monitors any care or services the ward may be receiving, and encourages the maximum independence and self-determination of the ward.

For more information on public guardianship for mentally disabled adults age 60 or over contact:

Gail Falk
Department of Disabilities, Aging & Independent Living
Division of Disability & Aging Services
103 South Main Street
Waterbury, VT 05671-1601
Phone: (802) 241-2616
E-mail: gail.falk@dail.state.vt.us