Medical power of attorney in Vermont: how it works, how to sign
The short answer
Vermont uses one document, an advance directive, to name a health care agent and write down treatment wishes. You sign it before two adult witnesses, with no notary, and close relatives and your agent can't witness. Vermont has no general law naming a family decision-maker, so naming an agent matters more here.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
In Vermont, the answer depends almost entirely on what you write down. Vermont calls the document an "advance directive." This page covers how to sign one, who can't be your witness, and what happens if you never name anyone. It is part of our estate planning guides for each state. For the basics of the role, see what a medical power of attorney is.
What is a Vermont advance directive?
It is one document that can do several jobs. It can name a health care agent and backup agents, give treatment instructions, nominate a guardian, make anatomical gifts, and say what should happen to your remains (18 V.S.A. 9702).
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. In day-to-day terms, that means talking with your doctors and saying yes or no to a test, a surgery or a new medicine in light of your wishes.
Vermont's advance directive chapter has no official form. Any document that meets the signing rules works.
How do I sign one in Vermont?
The directive must be dated and signed by you, or by someone else at your express direction and in your presence (18 V.S.A. 9703).
Then it needs two or more witnesses, each 18 or older. They sign to affirm that you appeared to understand the document and were free from pressure. No notary is required.
Since April 1, 2024, a witness may take part remotely, by video or telephone. That works only if you and the witness know each other, and the witness's name, contact information and relationship to you are written on the directive.
Who can't be my witness?
Vermont rules out your agent and your close family. A health care provider may witness.
| Person | Can be a witness? |
|---|---|
| The person you name as your health care agent | No |
| Your spouse | No |
| Your parent | No |
| Your adult brother or sister | No |
| Your adult child or grandchild | No |
| Your doctor, nurse or other health care provider | Yes |
| A friend or neighbor | Yes |
The easiest path is two friends or neighbors who aren't named as your agent.
Is there an extra step in a hospital or nursing home?
Yes, and it catches people off guard. If you are being admitted to or living in a nursing home or residential care home, or being admitted to or staying in a hospital, the directive isn't effective unless a designated person explains it to you and signs a statement (18 V.S.A. 9703).
That person can be an ombudsman, a clergy member, a Vermont attorney, a Probate Division designee or a hospital designee. The simple way around this is to sign at home, while you are well.
Who can't be my agent?
Your own health care provider can't serve as your agent. Neither can an owner, operator or employee of a facility where you live, unless they are related to you (18 V.S.A. 9703).
Your financial power of attorney doesn't cover health care at all. Our Vermont power of attorney guide covers that document.
Do I need a separate living will?
No. Vermont has no separate living will document. Your wishes about treatment, including life-sustaining treatment, go in the same advance directive, signed the same way (18 V.S.A. 9702).
If you signed an older "terminal care document" or a durable power of attorney for health care, it can still be valid. It needs to have met the law when you signed it, or meet the current chapter.
Our post on health care power of attorney vs living will explains how the two ideas fit together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Here Vermont is different from most states. Vermont has no general law giving a ranked family list the power to make your medical decisions. There is no default order for everyday treatment choices.
Vermont has two narrow rules instead:
- Do-not-resuscitate orders and clinician orders for life-sustaining treatment (DNR/COLST). If you can't decide, have no agent and no guardian, and don't object, an "interested individual" can act. You can name that person by telling your clinician. Otherwise the clinician contacts every interested individual who is reasonably available, and they must all agree (18 V.S.A. 9731).
- Hospice. If no agent or guardian is available, a family member or someone with a known close relationship to you may elect hospice care for you (18 V.S.A. 9710).
For the DNR/COLST rule, an interested individual can be your spouse, adult child, parent, adult sibling, adult grandchild or clergy person. It can also be any adult who has shown special care and concern for you and knows your values, so a close friend can qualify (18 V.S.A. 9701). A health care provider or staff at the place you live can't serve unless related to you.
| Situation, with no agent or guardian | Who can decide in Vermont |
|---|---|
| Everyday treatment decisions | No general rule; broader decisions may need a guardianship from the Probate Division |
| DNR or COLST order | Interested individuals (family, clergy, or a close friend), all agreeing, with no ranking |
| If interested individuals disagree on a DNR or COLST | A guardianship petition in the Probate Division |
| Choosing hospice care | A family member or a person with a known close relationship |
Notice what this means. Without an agent, a hard decision can stall until a court appoints a guardian. Naming a health care agent in an advance directive puts the right person in the room from the start.
Our post on medical decisions without a power of attorney compares how other states handle this, and the 50-state guide to default decision-makers has the full picture. To see your own situation, try who decides for me.
Here is a typical case, a composite. Dorothy is 73, widowed, and lives in Montpelier. Her son is in California and calls on Sundays. Her friend Ellen drives her to appointments and knows exactly what she would want. Dorothy names Ellen as her health care agent and her son as backup, and two neighbors witness it at her kitchen table.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital in winter? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Vermont probate guide covers what happens to your home and savings later.
Common questions
Does a Vermont advance directive need to be notarized?
No. It needs your dated signature and two adult witnesses. No notary is required.
Can a family member witness my Vermont advance directive?
Not a close one. Your spouse, parent, adult sibling, adult child and adult grandchild can't witness, and neither can your agent. A friend, a neighbor or a health care provider can.
Who makes medical decisions in Vermont if there's no advance directive?
Vermont has no general family list. For a DNR or COLST order, interested individuals, including a close friend, can decide if they all agree. A family member or close friend can elect hospice. Other decisions may need a court-appointed guardian.
Can a close friend make medical decisions for me in Vermont?
Yes, if you name them as your agent. Without that, a close friend can count as an interested individual only for DNR or COLST decisions, and only if everyone involved agrees.
Does Vermont have a separate living will?
No. Treatment wishes go in the same advance directive that names your agent, with the same signing rules.
Sources
- 18 V.S.A. 9702: Advance directive (Vermont General Assembly)
- 18 V.S.A. 9703: Form and execution (Vermont General Assembly)
- 18 V.S.A. 9731: DNR/COLST surrogate (Vermont General Assembly)
- 18 V.S.A. 9701: Definitions (Vermont General Assembly)
- 18 V.S.A. 9710: Hospice (Vermont General Assembly)
- 18 V.S.A. chapter 231: Advance directives (Vermont General Assembly)
This page is general information, not legal or financial advice. Laws vary by state.