What Is a Vermont Power of Attorney?
A power of attorney permits transfer of authority for financial and personal matters from you to a named adult of your choice. It’s an essential document that assists you in meeting your estate planning needs.
The individual ceding power to another is called the principal, and the person receiving the authority to act is called the agent. According to the Vermont Uniform Power of Attorney Act, a principal must be of sound mind and body to sign a POA. They can’t agree to the terms once they’re incapacitated.
Types of Powers of Attorney in Vermont
The state allows for general or limited powers of attorney. A general POA covers a broad range of responsibilities, from managing the principal’s investments, banking, and debts to handling real estate transactions on their behalf. Limited POAs focus on a particular aspect of responsibility, such as making health care decisions or financial choices for the principal. The type of POA you choose will depend on your needs.
Durable (Financial)
Authorize the agent to act on behalf of the principal in a range of business and legal matters, and remains effective even if the principal becomes incapacitated.
Signing Requirements: Notary public (14 V.S.A. § 4005).
Medical
Appoint a third party to take care of your medical affairs can be facilitated through a Vermont medical power of attorney or a Vermont advance directive.
Signing Requirements: Two witnesses (18 V.S.A. § 9703).
Limited (Special)
Allows the principal to be more specific as to what the agent can do on his or her behalf.
Signing Requirements: Notary public (14 V.S.A. § 4005).
Non-Durable (General)
Appoint a trusted individual or entity to look after your financial affairs.
Signing Requirements: Notary public (14 V.S.A. § 4005).
Springing
Comes in effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Vehicle (Form VN-101)
Empowers an appointed representative to manage affairs and transactions connected to the ownership and operation of a motor vehicle.
Real Estate
Give someone authority over your real estate matters.
Signing Requirements: Notary public.
Tax (Form PA-1)
Appoint someone, like an attorney or accountant, to handle your taxes.
Signing Requirements: Taxpayer and representative.
Minor (Child)
Lets you ensure someone meets your child's needs when you're unavailable.
Signing Requirements: Notary public.
Revocation
Cancel any prior delegation of legal authority.
Signing Requirements: Notary public recommended.
Durable vs. Non-Durable POAs
Every POA document drafted in Vermont is a durable power of attorney by default unless you specify otherwise, as per 14 VT Stats § 4004. The authority it provides doesn’t end if the principal becomes incapacitated. By contrast, a non-durable POA terminates upon a contingency such as the disability of the principal. Both general and limited POAs can be written to be durable or non-durable.
Medical POA
A Vermont durable power of attorney for health care form allows you to name a representative to make medical decisions, such as consent to treat and end-of-life care, if you are unable to do so yourself.
While a medical power of attorney names the person who can make medical decisions on your behalf, a living will lists your preferences regarding life-sustaining treatment. Together, these documents are known as advance directives. If you become incapacitated and don’t have advance directives, the courts in Vermont will appoint a conservator or guardian to make decisions for you. Use our free medical power of attorney Vermont form to draft your own medical POA.
Financial POA
A financial power of attorney limits an agent to managing your financial matters. It can give them the ability to authorize payment on bills, engage in real estate transactions, and file taxes. When a Vermont tax return is prepared by the principal’s agent, a copy of the POA and a completed Special Power of Attorney form, which authorizes the agent to file taxes on your behalf, must be attached.
How To Write a Power of Attorney for Vermont
To ensure the legality of your POA, several key components need to be included:
- Agent designation: Designate the person or persons you are granting decision-making power. As outlined in 14 VT Stat § 4011, Vermont allows you to name co-agents or successor agents if you choose.
- Scope of authority: Detail the scope of the agent’s authority and duties, including their obligation to act in your best interest. State whether the powers granted are general or limited to specific matters such as medical decisions or financial management.
- Duration and termination: Your POA is durable unless otherwise stated. If you want the POA to be time-limited, you must specify the duration of the agent’s authority and the date it begins and ends.
- Principal’s signature: The principal must sign the POA or have someone else sign for them according to their directions and in their conscious presence.
- Notary’s signature: Unless you are granting the agent the ability to engage in real estate transactions, Vermont doesn’t require notarization for POAs. Medical powers of attorney must be signed in the presence of two witnesses over 18 or notarized for validity.
Legal Templates’ builder helps you draft a legally compliant Vermont POA step by step, securely sign it, and store it—all in one place.
Legal Requirements and Considerations for Vermont POAs
Vermont follows the Uniform Power of Attorney Act, which standardizes POAs across the state and makes them easily transferable when you’re away from home.
Duration
A durable power of attorney form for Vermont goes into effect as soon as it’s signed unless the principal has written a clause with a specific date, event, or contingency. If a POA is not durable, it ends when the principal becomes incapacitated or upon the date or event stated in the document. Durable general POAs continue even after the disability of the principal.
Termination
Vermont power of attorney terminates upon the death of the principal, the death or resignation of the agent, or if the principal revokes the agent’s authority as per 14 VT Stats § 4010. When a named agent is a spouse, the POA automatically ends upon divorce or legal separation.
Revocation
A principal is required to notify the agent of revocation of a power of attorney in Vermont, which can be done verbally. However, it’s best to revoke POA authority in writing to prevent legal challenges. A written and signed copy revoking the agent’s authority should be attached to the original POA and filed. Principals determined to be incapable of making their own decisions can’t revoke a Vermont POA previously put in place when they were of sound mind.
Filing
If your POA involves the authority to conduct real estate transactions, file a copy with your local county clerk’s office.
Signing and Notarization
It’s important to note that while a witness is not technically required when signing a power of attorney in Vermont, it is highly recommended to do so in the presence of a witness or notary for added validity and to help avoid potential disputes in the future.
A medical power of attorney must be witnessed and signed by two adults over 18 who are not the POA agent or the principal’s immediate family members, but it does not have to be notarized. State law requires POAs authorizing real estate deals to be signed by a witness and notarized by a notary public or other qualified government official.
