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Vermont Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | Tit. 14 §3451, et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | To make health care decisions for principal during periods of incapacity as certified in writing by principal's attending physician including withdrawal of consent to any care, treatment, service, or procedure or to maintain, diagnose, or treat an individual's physical or mental condition; does not include consent to sterilization or admission to state institution |
| Legal Requirements for Durable Power of Attorney | (1) Signed; (2) 2 witnesses; (3) signed statement that principal understands a disclosure statement on durable powers of attorney; (4) substantially same form as §3466 |
| Revocation of Durable Power of Attorney | Principal's current wishes supersede directives at all times. Revocable by (1) notifying agent or health care provider orally or in writing or any other act evidencing specific intent to revoke; (2) executing a subsequent durable power of attorney; (3) divorce, if former spouse was principal's agent |
| Validity from State-to-State | Effective if in compliance with the law of the state in which it was executed |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician must inform agent and principal if possible and assist in selecting another physician willing to honor agent's directive |
| Immunity for Attending Physician | No civil, criminal, or professional liability if physician acts in good faith; no immunity for failure to exercise due care in provision of services |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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