Vermont Advance Directive Form [PDF]

An advance directive in Vermont is a document that outlines an individual's health care preferences in case they cannot make medical decisions on their own. This form can include a living will, which specifies treatment preferences for end-of-life care.

Additionally, it may incorporate a durable power of attorney for health care, also known as a medical power of attorney, which allows the individual to appoint an agent to make decisions on their behalf. Beyond these directives, the document can address preferences for anatomical gifts, disposition of remains, and funeral goods and services.

Signing Requirements for the Vermont Advance Health Care Directive

The execution of an advance health care directive in Vermont requires adherence to specific signing protocols to be valid.

Namely, Section 9703 of Vermont Statutes provides that the directive must be executed by an adult with capacity or another individual at the principal's express direction if it is done in the principal's presence.

The directive must be signed by at least two witnesses, each of whom must:

Signing Requirements for Vermont

Be at least 18 years old
Affirm that the principal appeared to understand the nature of the document and acted without duress or undue influence

If a witness is not physically present, the following conditions must be met:

The principal and witness must know each other
The witness must confirm via live audio-video communication or phone that the principal understands the document and is free from undue influence
The principal must include the remote witness's name, contact information, and their relationship to the principal on the directive

However, the following individuals cannot serve as witnesses:

The agent named in the directive
The principal's spouse, parent, adult sibling, adult child, or adult grandchild

Vermont Advance Health Care Directive Revocation & Changing

The Vermont advance directive becomes effective when the principal is no longer able to make or communicate their own medical decisions. This determination is typically made by the attending physician or other qualified healthcare professional.

According to Section 9704, a principal can revoke an advance directive for health care in several ways, depending on their capacity:

Directive Revocation and Changes

With capacity:
- Execute a new advance directive that overrides the old one
- Sign a written statement revoking the advance directive form
- Destroy the document themselves or have someone else do so at their direction in their presence
Without capacity:
- Inform their clinician verbally or in writing, who will document the revocation in their medical record
- Take any action that clearly shows intent to revoke (except revoking the designation of an agent, which requires capacity)If the principal files for divorce or similar actions, the designation of their spouse as an agent is automatically suspended unless the advance directive states otherwise

Additional Legal Considerations for the Vermont Advance Health Care Directive

As stated in Section 9705, those who are in possession of an advance directive are responsible for delivering it to the clinician, health care facility, residential care facility, or other health care provider.

Also, according to Section 9716, an advance directive created in another state or jurisdiction will generally be recognized and enforceable in Vermont. This is applicable as long as the document is executed in compliance with the laws of the originating state or jurisdiction.

How to Choose a Health Care Agent in Vermont

To choose a Vermont health care proxy, start by selecting someone you completely trust who is at least 18 years old and willing to take on this responsibility. They should understand your values, preferences, and end-of-life wishes.

While family members or close friends are common choices, avoid selecting your health care provider or employees of a residential care facility unless they are immediate family. Ensure you discuss your wishes thoroughly before naming an agent in your health care advance directive.

What Happens if You Don’t Have an Advance Directive in Vermont?

If you don’t have an advance directive in Vermont, there will be no clear record of your medical preferences if you become incapacitated and unable to make decisions. As a result, your loved ones will decide based on what they believe you would want, often guided by a doctor's recommendations.

This situation can lead to outcomes that may not reflect your true wishes. Therefore, creating an advance directive as part of your advance care planning ensures that your preferences are documented and honored.