Living Wills and Advance Directives in Vermont
How to make a valid living will (advance directive) and medical power of attorney in Vermont, with the official form.
Short answer: Vermont uses a single 'advance directive,' in which an adult with capacity can give treatment instructions (the living-will part), name a health care agent, or both. 18 V.S.A. § 9703
| Living will / advance directive | Vermont uses a single 'advance directive,' in which an adult with capacity can give treatment instructions (the living-will part), name a health care agent, or both. It must be dated and signed by the person (or by another at the person's express direction) and signed by at least two adult witnesses who affirm the person appeared to understand it and was free of duress. The agent and the person's spouse, parent, adult sibling, adult child or adult grandchild may not be witnesses; a health care provider may. Notarization is not required. If the person is in a hospital, nursing home or residential care facility, the directive is effective only if a designated individual (such as an ombudsman, clergy member or Vermont attorney) explains it and signs an affirmation. Remote witnessing by audio-video or phone is allowed under conditions (effective April 1, 2024). Source: 18 V.S.A. § 9703 |
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| Medical power of attorney | In Vermont the health care agent is appointed in the advance directive (Vermont does not use a separate statutory 'health care proxy' form). The same signing rules apply: dated and signed by the person and by two qualified adult witnesses (the agent and close family members cannot witness), no notarization required, and an additional explanation and affirmation is needed for people in hospitals, nursing homes or residential care facilities. Source: 18 V.S.A. § 9703 |
More Vermont estate law
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- Small Estate Affidavit in Vermont
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- Who Inherits If You Die Without a Will in Vermont
- How to Make a Valid Will in Vermont
- How Probate Works in Vermont
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- Letters Testamentary in Vermont
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- All Vermont wills, probate and estate rules
FAQ
How do I make a living will in Vermont?
Vermont uses a single 'advance directive,' in which an adult with capacity can give treatment instructions (the living-will part), name a health care agent, or both. It must be dated and signed by the person (or by another at the person's express direction) and signed by at least two adult witnesses who affirm the person appeared to understand it and was free of duress. The agent and the person's spouse, parent, adult sibling, adult child or adult grandchild may not be witnesses; a health care provider may. Notarization is not required. If the person is in a hospital, nursing home or residential care facility, the directive is effective only if a designated individual (such as an ombudsman, clergy member or Vermont attorney) explains it and signs an affirmation. Remote witnessing by audio-video or phone is allowed under conditions (effective April 1, 2024).
How do I make a medical power of attorney in Vermont?
In Vermont the health care agent is appointed in the advance directive (Vermont does not use a separate statutory 'health care proxy' form). The same signing rules apply: dated and signed by the person and by two qualified adult witnesses (the agent and close family members cannot witness), no notarization required, and an additional explanation and affirmation is needed for people in hospitals, nursing homes or residential care facilities.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.