Vermont § 143 - Spouse with a mental condition or psychiatric disability

§ 143. Spouse with a mental condition or psychiatric disability

• (a) When the spouse of an owner of a homestead lacks capacity to protect the spouse’s
  homestead interest due to a mental condition or psychiatric disability and the owner
  desires to convey the homestead or an interest therein, the owner may petition the
  Probate Division of the Superior Court in the district in which the homestead is situated
  for a license to convey the same. Upon not less than 14 days’ notice of the petition
  to the kindred of the spouse who lacks capacity to protect the spouse’s interest due
  to a mental condition or psychiatric disability residing in the State, and to the
  selectboard members of the town in which the homestead is situated, which notice may
  be personal or by publication, the court may hear and determine the petition and may
  license the owner or convey the homestead, or an interest therein, by the owner’s
  sole deed. The license shall be recorded in the office where a deed of the homestead
  is required to be recorded and the sole deed shall have the same effect as if the
  spouse has the capacity to protect the spouse’s interests and had joined in the deed. (b) On granting such license, the court may make such special order as to the investment
  or disposition of the funds as the nature of the case requires. (c) On the hearing of such petition for license, any of such kindred or the selectboard
  may appear and be heard in the premises and may appeal as provided for other appeals
  from decrees of the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54; 2023, No. 6, § 318, eff. July 1, 2023.)