Vermont Guardianship Reform: What Senate Bill S.5 Means for Families

Vermont's guardianship system has operated under a split framework for decades — private cases in Probate Court under one statute, public developmental disability cases in Family Court under another. Senate Bill 5 (S.5), an act relating to guardianship proceedings also known as the Adult Guardianship Equity Act, represents the most significant overhaul of this system in a generation.

The Problem S.5 Addresses

Under the current system, a family filing a private guardianship petition in Probate Court under 14 V.S.A. Chapter 111 encounters different procedural rules, evaluation requirements, and judicial expectations than a person whose case goes through the Family Division under 18 V.S.A. Chapter 215. Two adults with similar disabilities can experience fundamentally different levels of due process protection depending on which track their case takes.

This disparity has drawn criticism from disability rights advocates, the Vermont judiciary, and families who have navigated both systems. A parent who petitions for private guardianship in Probate Court faces one set of requirements, while an adult referred to DAIL's Office of Public Guardian goes through an entirely separate process with different safeguards.

What S.5 Proposes

The bill targets several structural changes:

Court unification. All adult guardianship proceedings — both private and public, including those for adults with developmental disabilities — would be consolidated into the Probate Division of the Superior Court. This eliminates the Family Division track and creates a single judicial venue with consistent procedural standards.

Mandatory supported decision-making review. Before the court can appoint a guardian, the petitioner would need to demonstrate that less restrictive alternatives, including supported decision-making, have been considered and found insufficient. The current statute encourages this but does not require it as a procedural prerequisite to a hearing.

Enhanced evaluation standards. S.5 proposes uniform clinical evaluation requirements regardless of whether the petitioner is a private family member or a state agency. Every respondent would receive the same level of independent assessment, closing a gap where the depth of evaluation could vary based on the type of case.

Person-centered language. The bill updates statutory terminology to reflect modern disability rights principles, moving away from language that frames the person under guardianship primarily as an object of protection rather than an individual with rights and preferences.

Due process protections. Uniform appointment of counsel for the respondent, clearer standards for when a guardian ad litem is needed, and explicit requirements for the court to address the respondent's own expressed wishes — not just the petitioner's characterization of their needs.

Record Sealing Protections

One provision of particular interest to families is the approach to sealing guardianship records. Guardianship cases involve deeply personal information — clinical evaluations, financial records, medical histories — and many families are understandably uncomfortable with that information becoming part of the public court record.

Vermont's 2025 legislative session introduced sealing protections for guardianship proceedings, allowing the court to seal sensitive documents in the case file. S.5 builds on this framework, establishing clearer standards for when sealing is appropriate and how to request it. For families of young adults with disabilities, this means the clinical evaluation that describes your child's cognitive limitations and the financial accounting of their SSI benefits can be shielded from public access.

What This Means for Families Planning Now

If you are currently planning a guardianship petition or evaluating alternatives for a young adult approaching 18, the current law is what applies. S.5 is proposed legislation — until it is enacted, the existing two-track system remains in effect.

That said, the direction of reform is clear: Vermont is moving toward stronger protections for the person under guardianship, greater emphasis on least-restrictive alternatives, and higher procedural standards for everyone involved. Families who build their planning around these principles now — starting with supported decision-making and escalating to court involvement only when clearly necessary — are positioning themselves well regardless of whether S.5 passes in its current form.

The practical takeaway: if you can accomplish your family's goals through a combination of powers of attorney, advance directives, and supported decision-making agreements, do that first. The reform movement in Vermont reinforces what the existing statute already says — guardianship should be the last resort, not the default.

The Vermont Adult Guardianship & Alternatives Guide walks through the full spectrum of decision-support options in the order Vermont law prefers them: least restrictive first, court involvement last. It also includes guidance on how to document the alternatives you explored, which strengthens your petition if guardianship does turn out to be necessary.

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