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Guardianship Law

When a child or adult cannot make decisions for themselves, establishing a legal guardianship ensures they receive the care and protection they need. At Wagner Law in Middlebury, we understand that seeking guardianship often comes during challenging times. Our experienced attorney provides compassionate, knowledgeable representation to help families navigate this important legal process.

With more than 25 years of experience in family law and juvenile matters, we guide clients through every step of guardianship proceedings with sensitivity and professionalism. We work to protect the best interests of vulnerable individuals while respecting family dynamics and honoring everyone’s dignity.

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Child Guardianship

Child guardianship may be necessary when parents are unable to care for their children due to illness, incapacity, military deployment, or other circumstances. We help families establish legal guardianship that provides:

  • Legal authority to make educational and medical decisions
  • Stability and continuity of care for children
  • Protection of the child’s best interests
  • Clear legal standing for guardians

Whether you’re a grandparent stepping in to raise grandchildren, a relative providing care, or another concerned party, we ensure the legal process protects both the child and the guardian.

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Adult Guardianship

Adult guardianship becomes necessary when a person can no longer make sound decisions about their health, finances, or personal welfare due to age, illness, disability, or incapacity. We assist families in establishing guardianship for:

  • Elderly parents or relatives with dementia or Alzheimer’s disease
  • Adults with developmental or intellectual disabilities
  • Individuals incapacitated by illness or injury
  • Veterans or others needing protective oversight

We handle both full guardianship and limited guardianship arrangements, tailoring our approach to preserve as much independence and dignity as possible while ensuring proper protection and care.

Standby Guardianship

Vermont’s Act 31 provides a critical planning tool for families facing immigration-related challenges. A standby guardianship allows parents to designate a trusted guardian to care for their children if the parent becomes unavailable due to an adverse immigration action—such as detention, deportation proceedings, or denial of entry to the United States.

This proactive legal arrangement ensures:

  • Your children remain with someone you know and trust
  • Continuity of care during uncertain times
  • Legal authority for the guardian to make educational and medical decisions
  • A clear plan that can be activated quickly in an emergency
  • Presumptive termination when you’re released and reunited with your child

We guide families through Vermont’s streamlined standby guardianship process with sensitivity and confidentiality. Our approach focuses on your family’s unique needs while ensuring compliance with Vermont law. We can help you establish a consensual guardianship agreement that protects your children’s best interests and honors your wishes as a parent, even during difficult circumstances.

Our Approach

At Wagner Law, we take a family-centered approach to guardianship matters. We explain the legal requirements clearly, prepare all necessary documentation, represent you in court proceedings, and help you understand your ongoing responsibilities as a guardian. Our goal is to make this process as smooth as possible during what may already be a difficult time.

Let us help you!

Please call 802-388-4026 or contact us online to schedule an appointment at our office in Middlebury. We also offer remote meetings through Zoom or telephone.