A Vermont durable power of attorney authorizes an agent to make financial decisions on behalf of the principal but cannot be used for health care or guardianship matters and remains effective throughout the principal’s lifetime unless revoked.
In Vermont, power of attorney forms can be made durable by including the following language or similar wording:
“This power of attorney shall not be affected by the subsequent disability or incapacity of the principal.”
Relevant Laws: Title 14 VSA § 3501 – 3516
“Durable” with respect to a power of attorney, means not terminated by the principal’s incapacity or unavailability.
Power of Attorney Definition
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
- Presumed Durable: No. § 3508.
- Signing Requirements: Signature required. Witnesses are not mandated by law. 14 V.S.A. § 4005
- Notarization Requirements: The principal must sign the form in the presence of a notary public and at least one other witness. § 3503.
- Statutory Form: Yes, available here – 14 V.S.A. § 4051