Power of attorney, health care directive and guardianship in Vermont

Financial power of attorney in Vermont

Law and official form

Law

Vermont Uniform Power of Attorney Act

Uniform Power of Attorney Act

Yes (effective July 1, 2023)

Official form

Vermont Statutory Form Power of Attorney (14 V.S.A. § 4051); Statutory Short Form Power of Attorney for Real Estate Transactions (§ 4052)Published by Vermont General Assembly

You do not have to use it.

The official copy is the text of 14 V.S.A. §§ 4051-4052 on the Legislature's website. The statutory form does not give health care powers.

Law: 14 V.S.A. § 4001; 14 V.S.A. §§ 4051, 4052

Signing rules

How to sign

Sign the power of attorney. A notary is not required for it to be valid, but if you acknowledge your signature before a notary it is presumed genuine, and the rules that require banks and others to accept a power of attorney apply only to acknowledged (notarized) powers of attorney.

Who signs

Signed by you, or in your conscious presence by another person you direct to sign your name.

Notary

Not required

Witnesses

None required

Law: 14 V.S.A. §§ 4005, 4006, 4019, 4020

Durable and springing

Is it durable?

A power of attorney is durable unless it expressly says it ends if you become incapacitated or unavailable.

Law: 14 V.S.A. § 4004

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It can start on a future date or event. You can name who decides that the event has happened. If it starts on your incapacity and you named no one, a licensed health care professional (such as a physician or psychologist) can determine incapacity in writing.

Law: 14 V.S.A. § 4009

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or end a living trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate authority under the power of attorney
• Waive your right to be a beneficiary of a joint and survivor annuity or retirement survivor benefit
• Authorize another person to use the agent's authority
• Access the content of your electronic communications
• Disclaim property, including a power of appointment
• Sign a written waiver of spousal rights
• Act on intellectual property, such as copyrights and royalties
• Convey or change an enhanced life estate (Lady Bird) deed

Law: 14 V.S.A. § 4031(a)

Agent duties, pay and court review

Agent duties

• Act in good faith, within the authority granted, and according to your reasonable expectations or best interests
• Act loyally for your benefit and avoid conflicts of interest
• Act with care, competence and diligence
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan when that is in your best interest

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to repayment of reasonable expenses and to reasonable compensation.

Law: 14 V.S.A. § 4012

Asking a court to review an agent

You, the agent, a guardian or other fiduciary, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a government protective agency, your caregiver, or a person asked to accept the power of attorney can ask a court to construe it or review the agent's conduct.

Law: 14 V.S.A. § 4016

Law: 14 V.S.A. § 4014

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated or unavailable, if it is not durable
• You revoke it
• The document says it ends
• Its purpose is accomplished
• The agent dies, becomes incapacitated, resigns or is revoked and no other agent is named
• A petition for divorce, annulment, separation or nullity is filed for your marriage to the agent

Divorce ends a spouse's authority

Yes · Divorce rules in Vermont (Divorce Law Map)

How to revoke

You can revoke the power of attorney or an agent's authority. The law does not set a form or method for revoking. Signing a new power of attorney does not revoke an earlier one unless it says so. You cannot revoke it after you have been determined to be incapacitated.

Telling others

Ending a power of attorney or an agent's authority does not affect an agent or business that acts in good faith without actual knowledge that it ended; those acts still bind you.

Law: 14 V.S.A. § 4010; 14 V.S.A. § 4010(a)(3), (b)(1), (d), (f), (g)

Banks, other states and real estate

Banks and other businesses

A person asked to accept an acknowledged (notarized) power of attorney must accept it, or ask for an agent's certification, translation or lawyer's opinion, within 7 business days, and then accept it within 5 business days after getting it. It cannot demand its own form. Refusal is allowed only for listed reasons, such as a good-faith belief the power is invalid or a report to Adult Protective Services. A wrongful refusal can lead to a court order and liability for attorney's fees and costs.

Law: 14 V.S.A. §§ 4019, 4020

Signed in another state

A power of attorney signed outside Vermont is valid if it complied with the law of the jurisdiction that governs it, or with federal military power of attorney rules.

Law: 14 V.S.A. § 4006(c)

Real estate

Vermont has a statutory short form power of attorney for a specific real estate transaction.

Law: 14 V.S.A. § 4052

Health care directive in Vermont

The document and its form

Document

Advance Directive

Official form

Vermont Advance Directive - Short Form (also Long Form, and Appointment of Health Care Agent)Published by Vermont Ethics Network (Vermont Department of Health contractor), linked from the Department of HealthVersion: 2024 fillable PDF (includes Vermont Advance Directive Registry form)

You do not have to use it.

Living will

Health care instructions in the Advance Directive

Part of the directive.

Vermont combines your health care agent and your treatment wishes in one advance directive. Older terminal care documents and durable powers of attorney for health care stay valid if they met the law when signed.

Law: 18 V.S.A. §§ 9702, 9703; 18 V.S.A. §§ 9702, 9703(f)

Signing rules

How to sign

Sign and date the advance directive in front of two adult witnesses who are not your agent or close family. No notary is needed. Extra steps apply in hospitals, nursing homes and residential care facilities.

Who signs

Dated and signed by you, or by another person in your presence at your express direction if you physically cannot sign.

Notary

Not required

Witnesses

2

Who cannot witness

Two or more witnesses at least 18 years old must sign and affirm you appeared to understand the document and were free from duress or undue influence. Your agent, spouse, parent, adult sibling, adult child and adult grandchild cannot be witnesses. A health care provider may be a witness. Since April 1, 2024 a witness may be remote (by live audio-video or phone) if you know each other and you list the witness's name, contact information and relationship on the directive.

Nursing facilities and special settings

If you are being admitted to or live in a nursing home or residential care facility, or are being admitted to or are a patient in a hospital, the directive is not effective unless a qualified person (such as an ombudsman, clergy member, Vermont lawyer, Probate Division designee, hospital-designated person or mental health patient representative) explains it to you and signs a statement saying so. That person may also be one of the witnesses.

Electronic signing

You, the witnesses and the person who explains the directive may sign with a digital signature (remote witnesses must meet the remote-witness conditions).

Law: 18 V.S.A. § 9703

Who can be your agent and what the agent can do

Who cannot be your agent

Your health care provider cannot be your agent. Unless related to you by blood, marriage, civil union or adoption, your agent cannot be an owner, operator, employee, agent or contractor of a residential care facility, health care facility or correctional facility where you live when you sign.

Law: 18 V.S.A. § 9702(c)

When the agent starts

The directive takes effect when your clinician finds you lack capacity (after talking with an interested individual if available) and tries to notify you and your agent, or when a condition you set is met, or right away if you say so.

Law: 18 V.S.A. § 9706

Decisions an agent cannot make

An agent can authorize or withhold health care over your objection only if your directive has a special provision that meets strict signing rules, including the agent's written acceptance, a clinician's signature and the signature of an ombudsman, lawyer, mental health patient representative or court designee.

Law: 18 V.S.A. § 9707(h)

Revoking and conflicting documents

Revoking your agent

You can suspend or revoke all or part of your directive, including the choice of agent, by signing a statement, by personally telling your clinician (who records it), or by burning, tearing or obliterating it (or having someone do so in your presence at your direction). You can do this with or without capacity, except for a 'Ulysses' provision.

Revoking your instructions

Other parts can be suspended or revoked orally, in writing or by any act showing that intent. A new directive amends an earlier one where they conflict.

Telling others

Tell your agent and others when possible. If the directive is in the Vermont Advance Directive Registry, send the Registry a written statement and an Authorization to Change form.

Divorce ends a spouse's authority

Yes · Divorce rules in Vermont (Divorce Law Map)

Conflicting documents

A provision in a later advance directive amends an earlier provision to the extent they conflict.

Law: 18 V.S.A. § 9704(a)(2)

Law: 18 V.S.A. § 9704

Other states, registry and medical orders

Signed in another state

An advance directive or similar document signed in another state under that state's law can be enforced in Vermont. A directive signed in Vermont is interpreted under Vermont law where possible.

Law: 18 V.S.A. § 9716

Registry

Vermont Advance Directive Registry (VADR)

Fee: Free for all Vermont residents (Vermont Department of Health)

POLST (medical orders)

DNR/COLST (Clinician Orders for Life-Sustaining Treatment)

Official page

Mental health directive

Vermont uses the same advance directive for mental health care. It can include a provision letting your agent authorize or withhold care over your objection if you lack capacity, with special signing requirements; that provision can be revoked only while you have capacity.

Law: 18 V.S.A. §§ 9702(a)(6), 9704(b)(3), 9707(h)

Law: 18 V.S.A. §§ 9701(28), 9704; 18 V.S.A. §§ 9701(6), 9708, 9731

Guardianship and conservatorship in Vermont

What guardianship or conservatorship is

What it is called

Guardian (total or limited); voluntary guardian; emergency temporary guardian; Office of Public Guardian

When a court may appoint one

A 'person in need of guardianship' is an adult who cannot manage some or all of their personal or financial affairs without a guardian because of significantly subaverage intellectual functioning with adaptive deficits, or a condition that grossly impairs judgment, behavior or reality-testing. The petitioner must prove this by clear and convincing evidence, and only the least restrictive form of guardianship may be ordered.

Kinds

• Total guardianship
• Limited guardianship
• Voluntary guardianship (an adult asks for a guardian for themselves)
• Emergency temporary guardianship pending the final hearing
• Public guardianship (Office of Public Guardian)

Law: 14 V.S.A. §§ 3060, 3061, 3063, 3068, 3072, 3081

Who can ask, which court and your own choice

Who may ask

An interested person: the person themselves, a near relative, a close friend, a guardian, a public official, a social worker, a physician, an agent named in an advance directive or power of attorney, a person nominated as guardian in an advance directive, or clergy.

Court

Probate Division of the Vermont Superior Court.

Choosing your own

You can nominate a guardian in an advance directive, and the court considers that nomination. You can also nominate a guardian in a power of attorney; the court follows your most recent nomination unless there is good cause or disqualification.

Law: 14 V.S.A. §§ 3072(b), 4008(a)

Effect on a power of attorney

Appointing a guardian does not end a power of attorney. The agent must also account to the guardian, and the agent's authority continues unless the court limits, suspends or ends it.

Law: 14 V.S.A. § 4008(b)

Cost, fee waiver and forms

Filing fee

$150 filing fee for an adult guardianship.

Law: 32 V.S.A. § 1434(a)(16), Vermont Judiciary court fees page

Fee waiver

You can ask the court to waive fees if you cannot afford them (Vermont Judiciary).

Forms

• Petition to Appoint Guardian for an Adult (Involuntary), 700-00072PAG
• Petition to Appoint Guardian for an Adult (Voluntary)
• List of Interested Persons for Adult Guardianships
• Statement of Respondent's Assets & Income
• Consent for Release of Information for Guardianship Proceedings (background check), 700-00407
• Motion for Emergency Temporary Guardian (Adult)
• Guardian Booklet

Steps

Steps

Other options and where to report abuse

Less restrictive options

• Supported decision making: Listed by the Vermont Judiciary as an alternative to consider before filing.
• Representative payee: Social Security appoints someone to manage benefits.
• Advance directive: A health care agent and treatment wishes, also called a health care proxy or living will.
• Case management services: Through a developmental disabilities service provider or an Area Agency on Aging.

Report abuse or exploitation

Vermont Adult Protective Services (Department of Disabilities, Aging and Independent Living, Division of Licensing and Protection) · 1-800-564-1612

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Good to know in Vermont

• Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023; powers of attorney are now durable unless they say otherwise.

  Law: 14 V.S.A. § 4004

• Since April 1, 2024, advance directive witnesses may take part remotely by audio-video or phone if conditions are met.

  Law: 18 V.S.A. § 9703(b)(2)

• Advance directives signed in a hospital, nursing home or residential care facility need a signed explanation by a qualified person, such as an ombudsman.

  Law: 18 V.S.A. § 9703(d)-(e)

• Registering an advance directive in the Vermont Advance Directive Registry is free (Vermont Department of Health).

Changes in 2024–2026

2023, No. 88 (Adj. Sess.): advance directive witnesses may be remote on and after April 1, 2024; 18 V.S.A. § 9721 covered remote witnesses through March 31, 2024. 2023, No. 161 (Adj. Sess.), § 14, eff. June 6, 2024, amended 14 V.S.A. § 4020 (refusal to accept a power of attorney). 2025, No. 64, § 13, eff. June 12, 2025, amended 14 V.S.A. § 3068 (guardianship hearing). Vermont Advance Directive Registry procedures updated July 1, 2024.

Law: 18 V.S.A. § 9703(b)(2)

Questions about powers of attorney in Vermont