A Vermont durable power of attorney is a document that enables a Vermont resident to assign an agent, and a successor agent, to oversee their finances and estate beyond the point of their incapacitation. This power of attorney is often drafted in anticipation of the loss of mental capacity, but can be created at any time in one’s life so long as one is of sound mind. The contents of the document will explain the scope of the agent’s authority, any special instructions the principal wishes their representative to carry out, and the conditions by which the power of attorney will become effective. It must be created and signed in accordance with state law (see below).

Agent’s Duties – 14 V.S.A. § 3505

Laws – Title 14, Chapter 123 (Powers of Attorney)

Signing Requirements (14 V.S.A. § 3503(1)) – One (1) Witness and Notary Public

Statutory Form – Not found in state statutes.

State Definition

Statute – 14 V.S.A. § 3501(6)

“Durable power of attorney” means a written power of attorney in which the authority of the agent does not terminate in the event of the disability or incapacity of the principal.