Supported Decision Making vs Guardianship in Vermont

Why This Decision Matters

When a Vermont student with an IEP turns 18, all educational and legal decision-making rights transfer automatically. Parents who have managed IEP meetings, medical appointments, and agency coordination for years suddenly have no legal authority unless the adult child grants it.

This triggers a crisis of planning for many families. The instinct is to pursue guardianship — to maintain the authority they've always held. But guardianship is the most restrictive option available and may not be necessary or appropriate. Vermont law and policy actively promote less restrictive alternatives, and families should evaluate the full spectrum before filing a petition.

The Spectrum From Least to Most Restrictive

Vermont's decision-support options fall on a continuum:

Supported Decision-Making (least restrictive) → Education Power of Attorney → Limited Guardianship → Full Guardianship (most restrictive)

Each step up the spectrum removes more of the adult's legal autonomy. The guiding principle in Vermont is that every individual is presumed to have full legal capacity at age 18, regardless of the severity of their disability, and restrictions should be imposed only when less restrictive alternatives have been tried and found insufficient.

Supported Decision-Making (SDM)

Supported Decision-Making allows the adult to retain full decision-making authority while receiving structured help from a network of trusted people. The student selects supporters — parents, teachers, friends, counselors — who assist with gathering information, analyzing options, and communicating decisions. The final choice always belongs to the adult.

Vermont has not enacted a standalone SDM statute, but the model is officially recognized by the Vermont Agency of Education, DAIL, the Office of the Public Guardian, and advocacy organizations like Green Mountain Self-Advocates. Federal regulations under Section 504 of the Rehabilitation Act also recognize SDM as a reasonable modification.

An SDM agreement is informal. It does not require court involvement, legal fees, or judicial approval. The student and their supporters write down who helps with what — education decisions, medical decisions, financial management — and both parties sign. The agreement can be changed or ended by the student at any time.

When SDM works well: The student can express preferences (verbally, through AAC, or through behavior patterns), understands the concept of choosing between options with support, and has a reliable network of supporters.

Education Power of Attorney

If the student wants to formally delegate educational decision-making to a specific person, an Education Power of Attorney is more targeted than guardianship but more formal than SDM. The student designates an agent — usually a parent — to make educational decisions, including IEP consent, evaluation consent, and placement decisions.

The document must be notarized but does not require court involvement. Critically, the student retains the right to cancel or modify it at any time. Vermont Family Network publishes a template in their SDM Education Packet.

When this works well: The student wants parental involvement in educational decisions specifically, but can manage other life domains independently or with informal SDM support.

Limited and Full Guardianship

Under Title 14 V.S.A. Chapter 111, guardianship proceedings go through the Probate Division of the Superior Court. Vermont strongly prefers limited guardianship, which restricts the guardian's authority to specific areas (financial management, medical decisions, residential choices) rather than removing all rights.

To obtain guardianship, the petitioner must present medical evidence demonstrating that the individual lacks the capacity to manage specific aspects of their personal or financial affairs and that less restrictive alternatives (SDM, powers of attorney) are insufficient. Courts will not grant guardianship based on family convenience, general concern, or the severity of the disability diagnosis alone.

Full (plenary) guardianship removes nearly all of the adult's legal rights and is reserved for situations where no less restrictive alternative can adequately protect the individual. It requires the most rigorous evidentiary standard.

When guardianship is appropriate: The individual genuinely cannot participate in decision-making even with support, faces active safety risks that SDM cannot mitigate, or has demonstrated repeated decision-making failures that have caused serious harm.

Making the Decision

Start with the least restrictive option and move up only when evidence shows it's insufficient. Families should evaluate whether SDM, an Education Power of Attorney, or a combination of both provides the support the student needs.

Key questions to work through with the IEP team, the student, and any involved agencies:

• Can the student express preferences with support?
• Are there specific domains (education, medical, financial) where the student needs more support than others?
• Would an SDM agreement, combined with FERPA and HIPAA releases, give parents the access they need?
• Is there evidence — not assumption — that the student lacks capacity in specific areas?

The Vermont IEP Transition to Adulthood Guide includes a decision-making alternatives comparison worksheet and a fillable SDM agreement template aligned with the Green Mountain Self-Advocates framework.

See more Vermont guides →