Power of Attorney in Vermont
What a Vermont power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. 14 V.S.A. §§ 4004, 4005, 4006, 4051, 4052
| Financial power of attorney | Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledgment before a notary public is not required for validity, but a notarized signature is presumed genuine. A power of attorney is durable (survives incapacity) unless it expressly says otherwise. The statute includes an optional statutory form (14 V.S.A. § 4051) and a short form for real estate transactions (14 V.S.A. § 4052). A power of attorney used to sign a deed is generally acknowledged so it can be recorded with the town clerk. The statutory form was amended in 2025 (2025, No. 64). |
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| 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 |
| 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 |
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FAQ
What are the requirements for a power of attorney in Vermont?
Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledgment before a notary public is not required for validity, but a notarized signature is presumed genuine. A power of attorney is durable (survives incapacity) unless it expressly says otherwise. The statute includes an optional statutory form (14 V.S.A. § 4051) and a short form for real estate transactions (14 V.S.A. § 4052).
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.
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.