Vermont Advance Directive Overview
In Vermont, a advance directive is governed by Vt. Stat. tit. 18, § 9703. This legal document allows you to designate a healthcare agent who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. Vermont law ensures that your healthcare agent has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.
Your healthcare agent can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The advance directive typically takes effect only when a physician determines that you are unable to make decisions for yourself, though Vermont law may allow you to make it effective immediately if you prefer.
Creating a advance directive in Vermont requires 2 witnesses and notarization is strongly recommended. Vermont provides a statutory form that is widely accepted by healthcare facilities throughout the state.
Yes
Statutory form required
2
Witnesses required
Recommended
Notarization
Recommended
HIPAA included
Vermont Requirements
To create a valid advance directive in Vermont, you must meet the following requirements under Vt. Stat. tit. 18, § 9703:
Important: Vermont Execution Requirements
Vermont requires 2 witnesses for a valid advance directive. Notarization is strongly recommended for added legal protection. Witnesses cannot include your designated healthcare agent or your treating healthcare provider.
- Legal Age: You must be at least 18 years old and mentally competent at the time of signing
- Witnesses: Vermont requires 2 witnesses who are not the healthcare agent or healthcare provider
- Notarization: Recommended in Vermont
- Agent Designation: Name a primary healthcare agent and optionally an alternate
- HIPAA Authorization: Recommended to include separately
How to Create Your Vermont Advance Directive
Follow these steps to create a valid advance directive that complies with Vermont law.
Choose Your Healthcare Agent
Select a trusted individual to serve as your healthcare agent in Vermont. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare agent as well.
Specify Your Healthcare Wishes
Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.
Include HIPAA Authorization
Add HIPAA authorization to ensure your healthcare agent can access your medical records and communicate with your healthcare providers in Vermont. Without this, providers may legally refuse to share your medical information.
Sign with Witnesses
Execute the document with 2 witnesses as required by Vermont law. Notarization is strongly recommended for added legal protection. Distribute copies to your healthcare agent, physicians, hospital, and family members.
Choosing Your Vermont Healthcare Agent
In Vermont, your healthcare agent will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.
- Trustworthy: Someone who will follow your wishes, not impose their own preferences
- Accessible: Someone who can be reached quickly and can travel to Vermont if needed
- Assertive: Someone who can communicate effectively with medical professionals
- Emotionally capable: Someone who can handle the stress of making life-or-death decisions
Sample Vermont Advance Directive
Below is a preview of our Vermont-specific advance directive template.
STATE OF VERMONT
ADVANCE DIRECTIVE
Vt. Stat. tit. 18, § 9703
PRINCIPAL (You):
Name: [Your Name]
Address: [Vermont Address]
HEALTHCARE AGENT:
Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]
Vermont Advance Directive FAQ
Answers to common questions about Vermont advance directive requirements and procedures.
Official Vermont Resources
Use these official resources to verify Vermont requirements and access government forms.
Create Your Vermont Advance Directive
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