Committee considers adding vulnerable-adult cases to hybrid hearings under Family Rule 17(f); advocacy group asked to include financial-exploitation proceedings

Judge Carrie Ann McDonald, chair of the Advisory Committee on Family Rules and presiding judge in the Bennington family division, presented a proposed amendment to Family Rule 17(f) to clarify that relief-from-abuse (order-protection) dockets may proceed in hybrid form when a vulnerable adult is involved.

Judge McDonald said the rule change recognizes existing practice that permits in-person, remote, or mixed participation by litigants, attorneys and witnesses and formalizes that option for hearings involving vulnerable adults. She said the court retains discretion to require in-person attendance where necessary for evidence or to ensure effective participation.

Judge McDonald reported receiving a comment from Mikaela Tucker, general counsel for Athena Advocacy, and Victoria Lloyd, chief executive officer of Athena Advocacy in White River Junction, asking that the rule explicitly include hearings addressing financial exploitation of individuals. Judge McDonald noted that the statutory provision cited by the commenters (Title 33, sections 6951–6953) directs some financial-exploitation actions to the civil division rather than the family division. Committee members and staff observed that civil Rule 43.1 appears to already provide for hybrid and remote proceedings in the civil division.

Members discussed whether financial-exploitation claims brought by or on behalf of vulnerable adults would fall under family or civil jurisdiction and noted that where the statute specifically requires filing in the civil division, the civil rules would apply. The committee did not take formal action on the proposed family-rule amendment; Judge McDonald said she would communicate the comment from Athena Advocacy to civil-rule drafters (Attorney Keyes was mentioned as a contact for civil rules).