Health care directive in Vermont: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in Vermont.
Checked against official sources: October 31, 2026.
Short answer
Advance Directive
- Official form
- Vermont Advance Directive - Short Form
- How to sign
- Signed in front of two witnesses (no notary)
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)
- 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
Free notice: revoke or change a health care directive
Free help in Vermont
- VTLawHelp.org (Vermont's legal help website)
- Vermont Judiciary: Adult Guardianships
- Vermont Department of Health: Create, Register and Make Changes to an Advance Directive
Report abuse or exploitation
Vermont Adult Protective Services (Department of Disabilities, Aging and Independent Living, Division of Licensing and Protection) · 1-800-564-1612
Questions about powers of attorney in Vermont
How do I sign a health care directive in Vermont?
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.