What the rule says
Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023, codified at Vt. Stat. Ann. tit. 14, § 4051 et seq. Vermont was among the more recent UPOAA adopters.
Default durability
A Vermont POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Vermont's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Vermont law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Vermont POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Vermont separates property and healthcare frameworks. Healthcare decisions require a separate Vermont Advance Directive under Vt. Stat. Ann. tit. 18, § 9700 et seq.
What happens without a POA
If a Vermont resident becomes incapacitated without an executed durable POA, the family must seek guardianship.
What you can do about it
For Vermont residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Directive. - Update older POAs. POAs from before July 1, 2023 may not benefit from the current framework.
Who this affects most
Vermont's recent UPOAA adoption affects Vermont households with older POAs that may not benefit from the modern framework.