Power of attorney in Vermont: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in Vermont, from Vermont law.
Checked against official sources: October 31, 2026.
Short answer
Vermont Uniform Power of Attorney Act
- Official form
- Vermont Statutory Form Power of Attorney; Statutory Short Form Power of Attorney for Real Estate Transactions
- How to sign
- Signed by you; the law requires no notary or witnesses
- Durable unless it says otherwise?
- Yes: it continues if you lose capacity unless it says otherwise.
- Uniform Power of Attorney Act
- Yes
Words used in Vermont
In Vermont you name an agent for money and property in a power of attorney, and a health care agent and treatment wishes in an advance directive. If an adult cannot manage their personal or financial affairs, the Probate Division can appoint a total or limited guardian, using only the least restrictive form needed.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Power of attorney; Vermont Statutory Form Power of Attorney
- The person you choose
- Agent
- Health care
- Advance directive (which can appoint a health care agent)
- Treatment wishes
- Health care instructions in the advance directive (older 'terminal care documents' are still valid)
- Court-appointed decision-maker
- Guardian of a 'person in need of guardianship' (total or limited guardianship), voluntary guardianship
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
Official forms in Vermont
Forms published by the state or its courts. You open them on the official site.
Financial power of attorney
- 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
Health care directive
- 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 Health · Version: 2024 fillable PDF (includes Vermont Advance Directive Registry form)
Guardianship / conservatorship
- 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
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)
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
What is a power of attorney called in Vermont?
Power of attorney; Vermont Statutory Form Power of Attorney. In Vermont you name an agent for money and property in a power of attorney, and a health care agent and treatment wishes in an advance directive. If an adult cannot manage their personal or financial affairs, the Probate Division can appoint a total or limited guardian, using only the least restrictive form needed.
Does a power of attorney have to be notarized in Vermont?
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.
Is there an official power of attorney form in Vermont?
Vermont Statutory Form Power of Attorney; Statutory Short Form Power of Attorney for Real Estate Transactions. You do not have to use it.