Medical Power of Attorney in Vermont
How to name a health care agent in Vermont: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: In Vermont the health care agent is appointed in the advance directive (Vermont does not use a separate statutory 'health care proxy' form). 18 V.S.A. § 9703
| 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 |
|---|---|
| Health care directive | An adult with capacity may make an advance directive (naming a health care agent and/or giving treatment instructions). 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. Remote witnessing rules took effect April 1, 2024. Source: 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 |
| Official power of attorney forms | Vermont has an optional "Vermont Statutory Form Power of Attorney" for property and finances under the Vermont Uniform Power of Attorney Act (14 V.S.A. 4051), plus a statutory short form for real estate transactions (14 V.S.A. 4052); the general form states that it does not authorize health care decisions. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another person at the principal's direction; acknowledging the signature before a notary public makes it presumed genuine (14 V.S.A. 4005). For health care, an advance directive must be signed by two or more witnesses at least 18 years old who affirm that the principal appeared to understand it and was free from duress; the named agent and the principal's spouse, parent, adult sibling, adult child or adult grandchild cannot witness. If the principal is being admitted to or lives in a nursing home or residential care facility, or is a hospital patient, a designated person (for example an ombudsman, clergy member or Vermont attorney) must also explain the directive and sign a statement (18 V.S.A. 9703). Advance directive execution: https://legislature.vermont.gov/statutes/section/18/231/09703 |
More Vermont estate law
- Small Estate Affidavit in Vermont
- Power of Attorney in Vermont
- Quitclaim Deeds and Transferring Property in Vermont
- Who Inherits If You Die Without a Will in Vermont
- How to Make a Valid Will in Vermont
- How Probate Works in Vermont
- Living Wills and Advance Directives in Vermont
- Revocable Living Trusts in Vermont
- Executor Duties in Vermont
- Letters Testamentary in Vermont
- Affidavit of Heirship in Vermont
- How to Avoid Probate in Vermont
- Transferring a Car After Someone Dies in Vermont
- All Vermont wills, probate and estate rules
FAQ
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.
What are the requirements for a health care directive in Vermont?
An adult with capacity may make an advance directive (naming a health care agent and/or giving treatment instructions). 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.
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).
Where can I get a power of attorney form in Vermont?
Vermont has an optional "Vermont Statutory Form Power of Attorney" for property and finances under the Vermont Uniform Power of Attorney Act (14 V.S.A. 4051), plus a statutory short form for real estate transactions (14 V.S.A. 4052); the general form states that it does not authorize health care decisions. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another person at the principal's direction; acknowledging the signature before a notary public makes it presumed genuine (14 V.S.A. 4005). For health care, an advance directive must be signed by two or more witnesses at least 18 years old who affirm that the principal appeared to understand it and was free from duress; the named agent and the principal's spouse, parent, adult sibling, adult child or adult grandchild cannot witness. If the principal is being admitted to or lives in a nursing home or residential care facility, or is a hospital patient, a designated person (for example an ombudsman, clergy member or Vermont attorney) must also explain the directive and sign a statement (18 V.S.A. 9703).
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.