Vermont Guardianship Cost: Filing Fees, Evaluations, and Attorney Rates

The Court Filing Fee

The base cost to file an adult guardianship petition in Vermont is $150, set by statute at 32 V.S.A. § 1434(a)(16). This is the same whether you're filing for limited guardianship (specific powers only) or full guardianship.

If you file electronically through eFileVT (the Odyssey File and Serve system), add a $14 platform transaction fee. Total electronic filing: $164. Filing paper copies in person at the Probate Division clerk's office avoids the $14 fee.

Fee Waivers

If your household income falls near or below federal poverty guidelines, you can request a waiver of the filing fee using the Judiciary's Application to Waive Filing Fees and Service Costs (Form 100). The court reviews your income, assets, and expenses. Families receiving SSI, SSDI, Medicaid, or other means-tested benefits typically qualify.

The waiver covers the filing fee and may also cover service costs (the expense of formally delivering notice of the guardianship petition to all interested parties). It does not cover the clinical evaluation cost or attorney fees if you choose to hire one.

The Clinical Evaluation

The court orders a comprehensive capacity evaluation of the respondent (your adult child) within 30 days of the petition being filed. This is mandatory under 14 V.S.A. § 3067 — you cannot skip it.

The evaluation must be performed by a qualified mental health professional or licensed clinician. It covers the respondent's physical and psychiatric diagnoses, functional limitations, cognitive status, current medications, and recommendations about least restrictive alternatives.

Cost varies depending on the evaluator and complexity. A straightforward psychological evaluation by a licensed psychologist typically runs $500 to $1,500 in Vermont. More complex neuropsychological evaluations — involving multiple testing sessions — can reach $3,000 to $5,000.

If your child has personal assets, those assets must be used to pay for the evaluation. If they don't — which is common for young adults turning 18 who rely on SSI — public funds cover it. The court determines payment responsibility.

Attorney Costs

You're not required to hire an attorney to file a guardianship petition. The forms are designed for self-represented litigants, and many families file on their own.

If you do hire a probate attorney, expect hourly rates of $250 to $400 in Vermont. A straightforward, uncontested guardianship case typically requires 5 to 15 hours of attorney time, putting the total at roughly $1,250 to $6,000 depending on complexity.

Contested cases — where the respondent or another family member objects — cost significantly more. Expert witness fees, multiple court appearances, and extended discovery can push the total past $10,000.

Your child gets an attorney regardless. The Probate Division appoints counsel for the respondent immediately upon filing, at public expense if the respondent is indigent (which most 18-year-olds are). This court-appointed attorney advocates for the respondent's expressed wishes and challenges the petition — it's an adversarial check, not a formality.

Ongoing Costs After Appointment

Guardianship isn't a one-time expense. Annual compliance has modest costs that add up.

Guardian's bond. If your child has assets, the court may require you to post a surety bond to protect those assets. Bond premiums run 1% to 3% of the bond amount annually. If assets are minimal, the court may waive the bond requirement.

Annual reporting. Filing the Guardian's Annual Report (Form 700-00093A) and financial accounting has no court fee, but preparing the financial accounting — especially for complex estates involving trusts or multiple income sources — may require an accountant. Simple accountings (Social Security income only) use the simplified Form 700-00400 and take about 30 minutes.

Modification or termination petitions. If your child's circumstances change and you need to modify the guardianship order (adding or removing powers), or if your child improves and seeks to terminate the guardianship, each petition has its own filing fee.

Total Cost Comparison

Here's how guardianship stacks up against the alternatives:

The non-court alternatives cost under $50 combined and take an afternoon. Guardianship costs a minimum of several hundred dollars and takes six to twelve weeks. That gap is why Vermont law requires petitioners to demonstrate that alternatives were explored and found unworkable before the court will grant guardianship powers.

Making the Cost Decision

The question isn't just how much guardianship costs — it's whether you need to spend that money at all. If your child has the capacity to sign legal documents (understands the concept of appointing someone to help them), you can build a comprehensive protection framework with a healthcare advance directive, a financial POA, and an educational POA for under $50 total.

The Vermont Adult Guardianship & Alternatives Guide walks through the decision systematically, comparing each option against your child's specific capabilities and needs. If guardianship turns out to be necessary, it includes step-by-step instructions for filing as a self-represented litigant — saving the cost of an attorney for straightforward, uncontested cases.

See more Vermont guides →