Rule 80.8 - Accounting by an Agent under a Power of Attorney(a) Petition. An agent named under a durable power of attorney created as provided in 14 V.S.A. § 3508 who has reason to believe that the principal has become incompetent and that no guardian has been appointed may file a petition in the probate court for the district in which the principal resides seeking review and approval of the accountings of the agent. The petition shall be accompanied by the following: (2) a copy of the power of attorney;(3) the accounting or accountings for which the agent seeks review and approval;(4) an inventory of any assets of the principal under the control of the agent; (5) the names and addresses of the interested persons listed in Rule 17(a)(3)(i)-(v). (b) Notice. Upon receipt of the petition, the court shall set a date and place for hearing and shall send notice thereof, together with a copy of the petition and the accounting or accountings for which approval is sought, by appropriate methods specified in Rule 4 to the interested persons named pursuant to paragraph (a)(5) of this rule and to such other persons as the court may direct. The notice of hearing shall inform each recipient of the necessity to file a timely written objection if the recipient desires to contest the accounting.(c) Accounting; Appraisal. The provisions of Rule 66(c)-(f) govern the form of the accounting, the filing of an interim accounting, the filing of objections, and the appraisal of the principal's assets. (d) Hearing. At the hearing, if the court determines that no guardian has been appointed and that the agent has reason to believe that the principal is incompetent, the court shall proceed to review the accounting presented by the agent. The court may appoint a guardian ad litem or attorney to represent the interests of the principal. If no timely written objections have been filed and the court finds that the property interests of the principal are adequately protected, the court may allow a verified accounting without further hearing. If timely written objections have been filed or other questions are raised concerning the adequacy of protection of the principal's property interests, the court, after hearing, shall determine whether to allow or disallow the agent's accounting or grant other appropriate relief. (e) Prior and Future Accountings. At the request of the petitioner or any party, or on its own motion, the court may order that the agent provide (1) copies of any prior accountings provided by the agent on request of the principal, or as specified in the power of attorney, pursuant to 14 V.S.A. § 3505(a)(10) or pursuant to a petition filed in accordance with 14 V.S.A. § 3510; or (2) future accountings for a period, and according to a schedule, ordered by the court. (f) Application of Rules. The Rules of Probate Procedure apply to proceedings governed by this rule, except as otherwise provided in this rule or by applicable statute. Adopted Aug. 17, 2010, eff. 10/18/2010.