Vermont Living Will Requirements
Based on 18 V.S.A. Chapter 231, §§9700-9720 (Advance Directives for Health Care)
Quick Summary
- Document type: Advance Directive for Health Care
- 2 witnesses required
- Notarization not required
Witness Requirements
Vermont requires 2 witnesses who are present when you sign your advance directive for health care. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be the agent appointed by the principal in the advance directive
- A witness cannot be the principal's spouse
- A witness cannot be the principal's parent
- A witness cannot be the principal's adult sibling
- A witness cannot be the principal's adult child or adult grandchild
- A health care provider may serve as a witness to the principal's execution of the advance directive
- Witnesses must sign and affirm that the principal appeared to understand the nature of the document and to be free from duress or undue influence at the time the advance directive was signed
When Your Living Will Takes Effect
Your Vermont living will becomes effective when the following conditions are met:
Terminal Illness
Vermont does not define "terminal condition" in its advance directive statute. The statute broadly enables individuals to provide instructions regarding any health care situation, not limited to terminal illness. "Life-sustaining treatment" is defined as any medical intervention, including nutrition and hydration administered by medical means and antibiotics, which is intended to extend life and without which the principal or patient is likely to die.
Persistent Vegetative State
Vermont does not define "persistent vegetative state" as a specific statutory term within the advance directive statute. Instead, the statute provides a flexible framework allowing individuals to document their health care wishes for any circumstance in which they lack capacity to make decisions.
Irreversible Condition
Vermont does not define "irreversible condition" as a specific statutory term. The advance directive framework allows individuals to specify their treatment preferences for any health care situation, including conditions from which recovery is not expected.
Important Notes for Vermont
- Vermont follows the Advance Directives for Health Care statute (18 V.S.A. Chapter 231, §§9700-9720)
- Vermont does not require a specific statutory form; any written advance directive complying with the execution requirements is valid
- The advance directive may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, anatomical gifts, disposition of remains, and funeral goods and services
- Vermont's statute uses a broader framework than many states, allowing individuals to provide health care instructions that are not limited to terminal conditions or specific medical diagnoses
- A principal, a witness, or an individual who explains an advance directive may sign using a digital signature, subject to conditions for remote witnessing
- If the principal is a resident of a nursing home or residential care facility, or a patient in a hospital at the time of execution, the individual who explained the directive may also serve as one of the witnesses
- An advance directive may be revoked at any time and in any manner that communicates an intent to revoke, without regard to the principal's mental or physical condition
- "Capacity" is defined as an individual's ability to make and communicate a decision regarding the issue that needs to be decided
- Vermont recognizes documents executed under prior law designated as a durable power of attorney for health care or a terminal care document
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.