Ending Guardianship in Vermont: How to Terminate or Modify a Court Order

Guardianship in Vermont is supposed to be the option of last resort, and the law treats it as something that should end or narrow once the person under guardianship develops the capacity to manage their own affairs. If circumstances have changed since the original order, you have the right to ask the Probate Division to modify or terminate it.

Who Can File

The person under guardianship or anyone interested in their welfare may ask the Probate Division to modify or terminate the guardianship at any time.

Vermont recognizes the ward's right to petition on guardianship matters, including asking that the guardianship end. The court considers whether the guardianship is still needed in light of the ward's current ability to manage personal or financial affairs.

Termination vs. Modification

These are two distinct legal actions:

Termination ends the guardianship entirely. The ward regains all legal rights that were transferred to the guardian. You file this when the ward has developed sufficient capacity to manage their own affairs, or when less restrictive alternatives (like supported decision-making or a power of attorney) can meet the ward's needs without court oversight.

Modification adjusts the scope of an existing guardianship without eliminating it. The court can remove specific powers (say, financial supervision) while keeping others (medical consent). This is appropriate when the ward has made progress in some areas but still needs support in others.

Required Forms

For termination, file Form 700-00099PAG (Motion to Terminate Adult Guardianship) with the Probate Division that issued the original order. The motion must explain what has changed since the guardianship was granted and why it is no longer needed.

For modification, file Form 700-00097PAG (Motion to Modify Adult Guardianship). This form asks you to specify which powers should be added, removed, or changed, and to explain the factual basis for each requested change.

Both forms are available through the Vermont Judiciary's forms library. Check the current Probate Division fee schedule at vtcourts.gov before filing.

The Court Process

Once you file, the court follows a sequence similar to the original guardianship proceeding:

1. Notice — The court schedules a hearing on the motion; follow its instructions for notice to interested parties
2. Evaluation — The court may order an evaluation if the requested change involves adding guardianship powers; otherwise, it considers the motion and hearing evidence
3. Advocate attorney — If the ward does not already have an attorney, the court will appoint one to represent the ward's expressed wishes (not the guardian's preferences or the family's opinion)
4. Hearing — The court holds a hearing where all parties can present evidence about the ward's current abilities, the effectiveness of any proposed alternatives to guardianship, and whether modification or termination serves the ward's interests

The court considers whether the guardianship is still needed, including changes in the ward's ability to manage personal or financial affairs and whether an alternative arrangement can meet the ward's needs. Evidence at the hearing should address those questions.

Building a Case for Termination

The strongest termination petitions include concrete evidence of changed circumstances:

• Documentation that the ward has been making their own medical, financial, or daily-living decisions successfully — even informally — for a sustained period
• Letters from service providers, therapists, or case managers describing the ward's growth in decision-making ability
• A proposed alternative plan (an SDM agreement, advance directive, or durable power of attorney) that shows how the ward's needs will be met without court oversight
• Evidence that the ward understands the implications of the termination and has voluntarily agreed to or requested it

The Vermont Adult Guardianship & Alternatives Guide walks through how to construct a modification or termination packet, including how to document the ward's decision-making track record in a format that Probate judges find persuasive.

Partial Modifications

If full termination feels premature, consider a staged approach. You can petition to remove specific powers first — for example, eliminating financial supervision if the ward is managing their SSI through a representative payee and paying their own bills, while keeping medical consent authority until the ward executes a healthcare advance directive.

Vermont's statutory framework under 14 V.S.A. § 3069(c) lists six distinct categories of guardian authority. Each can be individually granted or removed, which gives the court significant flexibility to tailor the order to the ward's actual needs rather than maintaining a blanket arrangement.

Timeline

Timing depends on the court's schedule and whether the matter is contested. The court schedules a hearing on the motion.

If you are the guardian and you support the ward's petition for termination, say so explicitly in writing. The court still decides whether the requested change is appropriate.

After Termination

Once the court grants termination, the court's order controls when the guardianship ends. The ward regains full legal authority over their personal, medical, and financial decisions. The former guardian must file a final report and return property and documents as directed by the court.

If the ward has been receiving services through DAIL or a Designated Service Agency, those services are not automatically affected by the termination of guardianship. The ward can continue to receive supports voluntarily — the difference is that they now direct their own care rather than having the guardian do it.

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