The Vermont power of attorney is a document that enables one person, called the principal, to authorize another person, called the agent, to act on their behalf and interact with third parties.
The main reasons people issue powers of attorney are because they are:
Reasons for Authorization
Old and need someone to take care of their financial, tax, and legal matters on their behalf
Mentally or physically unstable, and they want to delegate someone to secure their interest if they become incapacitated.
Planning to move to another location far from the location they are currently at and want to enable another person to take care of the various matters while they are away.
Types of Power of Attorney in Vermont
Vermont Durable (Statutory) Power of Attorney Requirements
The main feature of this type of power of attorney is that it remains effective even if the principal becomes incapacitated. The principal often chooses to specify that this power of attorney becomes effective only after they become incapacitated.
Vermont General (Financial) Power of Attorney Requirements
This type of power of attorney gives the agent the authority to conduct any financial activity as if the principal would do it personally. The principal can also explicitly set the actions the agent is not allowed to take.
Vermont Limited (Special) Power of Attorney Requirements
To set the list of activities the agent is allowed to take on your behalf, the principal can use the limited power of attorney in Vermont. This limitation can also be set for the third parties the agent is allowed to interact with.
Vermont Parental (Minors) Power of Attorney Requirements
The guardian or a parent in Vermont can use this document to temporarily delegate some of the guardianship authorities to another person. They can authorize the agent to make decisions regarding the child’s education, healthcare, and more.
Vermont Medical Power of Attorney Requirements
The principal can use this type of power of attorney to grant authority to another person to make decisions about their health treatment in case they become unable to do so. Considering the importance of this document, the principal's signature must be acknowledged by at least two adult witnesses.
Vermont Springing Power of Attorney Requirements
This type of Vermont power of attorney becomes effective after a certain date or event stipulated in the document. The principal usually provides that the document becomes effective if they lose the capacity to act.
Vermont Vehicle Power of Attorney Requirements
You can use this document to enable your agent to buy or sell the vehicle on your behalf. Additionally, they can also apply for the vehicle title or registration at the Vermont DMV.
Vermont Revocation Power of Attorney Requirements
If the principal wants to revoke any of the previously issued powers of attorney, they can do this by using the Vermont revocation power of attorney. It is important that the principal notify every relevant party about the revocation so it can take effect.
Vermont Tax Power of Attorney Requirements
The tax power of attorney enables the principal's accountant or tax advisor to represent them before the Vermont tax authorities. They can use this document to obtain relevant information, submit tax returns, file complaints, etc.
Vermont Real Estate Power of Attorney Requirements
The principal can use this document to authorize their real estate agent to complete the real estate transaction on their behalf. Additionally, they can enable another person to manage or maintain your property.
Legal Requirements for a Power of Attorney in Vermont
When drafting the Vermont power of attorney, you should make sure it meets the follow
Signature. In Vermont, both the principal and the agent must sign a power of attorney. If the principal is not able to sign the document personally, another person can sign it in their stead. (14 V.S.A. § 3503)
Witnesses. When medical power of attorney is issued, at least two adult witnesses must confirm the authenticity of the principal’s signature. For every other kind of power of attorney, only one witness is required.
Notarization. Every Vermont power of attorney must be acknowledged by the notary public or other relevant authority.
Mental capacity. When signing a power of attorney, the principal must be of sound mind and understand the consequences of their action.
ing requirements to be valid in front of governmental bodies:
Who Can Be an Agent for a Power of Attorney in Vermont?
Any adult with legal capacity can be named as an agent in a Vermont power of attorney. However, when choosing the agent, consider that they should be:
Trustworthy. This is especially important as you are delegating the authority to someone to make decisions about financial, medical, or legal matters.
Able and willing to represent you. Your agent should be located near the place where they need to take a certain action and be willing to take the obligation of representing and protecting your interests.
Knowledgeable. If you want to authorize someone to take care of your tax-related and legal matters, you should choose the person with the necessary knowledge in those fields.
How to Create a Vermont Power of Attorney
Power of Attorney in Vermont
#1. Decide on Which Type of Document to Use
Choose the appropriate type of Vermont power of attorney based on the matter you want to delegate to your agent and the scope of authority you want them to have.
#2. Select an Agent
You should choose a person who is over 18 and has legal capacity. Additionally, it should be a person you can trust and who is able and willing to represent you. You can also name the co-agent or successor agent that will act in case the primary agent is not able to do so.
#3. Define the Agent’s Powers
You can authorize your agent to take all the necessary actions and represent you before any third party by issuing a general power of attorney. On the contrary, you can set a list of actions the agent is allowed to take by issuing a limited power of attorney.
#4. Download & Fill in Our Form
Download one of the Vermont power of attorney templates available on our website, insert the relevant information, print it, and sign it.
#5. Get It Signed & Notarized
Every Vermont power of attorney must be signed by the principal or in their conscious presence. In addition, the agent should also sign the document before exercising any authority. The document should also be acknowledged by the notary public or other relevant parties.
#6. Safely Store the Original Copy
The principal should always keep the Vermont power of attorney in their possession.
#7. Provide Copies to Relevant Parties
You can provide an additional copy of the power of attorney to the agent so they can prove their capacity to any third party.
#8. Update the Document as Needed
Whenever some of the information about the principal, agent, or scope of authority changes, you should update your power of attorney by issuing a new document with the updated information.
How Long Does a Power of Attorney Last in Vermont?
The Vermont power of attorney becomes effective when the principal signs it. In some cases, the principal can also specify that the document will become effective after a certain date or after a certain condition is met.
The Vermont power of attorney terminates if:
Reasons for Termination
The principal passes away
The document is non-durable, and the principal loses the capacity
The date determined as the document expiration date passes
The document is issued for a single action, and that action is completed
The agent passes away or loses the capacity (when there is no co-agent or successor agent named in the document)
Vermont Power of Attorney FAQ
You should use a power of attorney in any situation where you are not able to represent your own interests personally. This can be due to unstable physical or mental health, old age, or moving to another place.
A Vermont power of attorney gives authority to another person to represent the principal and interact with third parties on their behalf.
Yes. The Vermont law requires every power of attorney to be acknowledged by the notary public or other relevant body.
Even if you have already issued a will, you should also have a power of attorney. A power of attorney enables another person to act on your behalf during your lifetime, while a will allocates your property after you pass away. Therefore, those two documents serve very different purposes.