Sample Vermont Power of Attorney
What is a Vermont Power of Attorney and How is It Used?
Families end up locked in heated arguments, family conflicts arise, and just because one member of the family decided that they knew better than everyone else about what their ailing and unconscious relative would have wished for, the decisions made end up driving a wedge, splitting these families. And, if asked, all they say is that they wish they knew what the person, now hooked to machines or even dead, would have wanted. A sad reality, isn’t it?
Rather than put your family through the same agony as others go through, why not let your wishes known? While a living will work, a power of attorney, also known as a POA, is preferable when you wish to give a family member of your friend the right to make the tough calls when you cannot.
A legally binding document which you access after filling in a free power of attorney form in Vermont, a POA is a legal instrument that authorizes someone else to act as your agent (an executor of your affairs/ attorney-in-fact) when you cannot make the same tough calls. The document will not last forever, and the powers it bestows are expected to terminate in future when it expires according to its terms when the principal or the agent pass on.
What if you want your agent to control a specific area of your business? Does the law have provisions for this?
Well, yes. The laws in Vermont, like every other state, has instituted different types of POA documents. So, you cannot hand over power over your health and finances when the only thing you want is for your agent to give medical directives when you are incapacitated.
The law also protects you using types of POA called springing powers of attorney. What this means is that the powers of the POA are only executable when you are unconscious and unable to make any sound decisions or when a decision requires your presence, and you need someone to sign a check or transact when you are absent.
Also, you can terminate the powers of the POA whenever you want to.
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This brings us to the types of POA you could sign and the ones you need to be aware of when signing the free Vermont power of attorney form.
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1. Vermont Durable Power of Attorney Laws
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Even though your living will is a legally binding document that outlines your wishes, the durable POA (DPOA) is what you go for to grant your trusted person authority to act and to give directives as per your wishes. The person with the durable POA will decide whether you stay on life support for a few more hours or not. In Vermont, the durable POA could also extend to a patient’s wishes regarding what is to be done to them when they succumb – the agent decides how the body of a deceased is disposed of.
Creating a Durable POA in Vermont
The first step in creating your durable POA involved the choosing an agent. They should someone you trust to make decisions as per your wishes. Note that creation of Durable POA should be according to the laws and provisions of Tit. 14 §3451, et seq. of the Vermont Durable POA for Healthcare.
With an agent appointed, you need to put in writing the name of the agent and your wishes. In Vermont, it’s a requirement that the POA names the agent. And, the document needs to be signed with at least one witness present who should also sign the document. The agent also needs to sign the document.
Once these three parties sign it (principal, agent, and witness), the POA should be taken to the notary for signing in the presence of the notary. Since banks have notaries, you can sign it there.
Note that the agent’s signature mustn’t be notarized and the agent can sign the document in your (principal’s) absence.
When signing the POA, you choose the time, date or events that make the POA executable.
Special Powers of the POA
Withdrawing or consenting to treatment, care, services or procedures, and diagnosis, among others. However, the powers granted by the durable POA exclude consenting to admission to an institution or sterilization.
Revocation of the DPOA
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It’s revoked by:
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The principal notifying their healthcare provider or the agent their intentions of revoking the powers, in writing or verbally.
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The execution of a subsequent DPOA
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Divorce
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Like other states, any doctor acting in good faith gets immunity from criminal, civil or professional liabilities. And, an unwilling physician should let the agent know and help them choose a physician who will honor the wishes of the principal.
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Lastly, a DPOA from a different state is eligible in Vermont if it complies with the laws of Vermont.
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2. Vermont Limited POA Law
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This refers to a legally binding document allowing a principal to grant their agent specific powers which are only executable if the agent is incapacitated or unable to act. It’s revocable at any time through the issuance of a revocation notice sent to the agent and third parties acting on the agent’s directives.
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3. Vermont POA for Childcare Law
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A nonparent can make medical decisions to your child or sign them up for events in your place if you give them a signed and a notarized POA for childcare. It applies for a temporary period and the powers revocable at any time using a signed revocation form delivered to the non-parent in person.
You could also get a POA for stock transactions, sale of motor vehicle, real estate or bank account matters.
So, which POA do you need? See, you can get our free online power of attorney form from anywhere in Vermont including Burlington city. Fill out the form above to get started.
Sample
VT Power of Attorney
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