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Judge warns standby-guardianship language could shift caseload to probate courts
Summary
At a House Judiciary Committee hearing, the Chief Superior Judge said H.98’s standby-guardianship language would clarify an unsettled area of Vermont law but could move many cases into probate court, create county-level backlogs and require additional judicial resources.
Chief Superior Judge Tom Zone told the House Judiciary Committee on May 7 that H.98’s standby-guardianship language would clarify whether guardianships can be filed after an adverse immigration action, but warned the change could shift work from family to probate dockets and strain county resources.
Zone said the bill would let a petitioner file guardianship papers “once the immigration action adverse immigration action has been taken” rather than requiring filings in advance. He told the committee Vermont’s statute currently does not address so‑called “springing” guardianships and that judges now reach different conclusions: “Some judges would say yes. Some judges would say no.”
The judge framed the bill as a policy choice for the Legislature that would create statewide…
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