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Power of Attorney in Vermont: Requirements, the Statutory Form, and How to Get One
Vermont replaced its power of attorney law in 2023. A Vermont power of attorney now needs only your parent's signature, but the bank-acceptance rules and real estate records both depend on notarizing it. Here is what the Uniform Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- Since July 1, 2023, a Vermont power of attorney must be signed by your parent, or by someone in their conscious presence at their direction; the statute requires no witness or notary for validity (14 V.S.A. § 4005).
- Notarizing gives the signature a presumption of genuineness, and the rules requiring banks to accept on a deadline apply only to notarized powers of attorney.
- It's durable by default and effective immediately unless it says otherwise, and your parent can't revoke it once they've been determined to be incapacitated.
- Vermont's statutory form says it "does not authorize the agent to make health-care decisions"; that takes a separate advance directive.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Vermont power of attorney needs only a signature, by your parent or at their direction, to be valid, and the statutory form in 14 V.S.A. § 4051 is free; notarizing it triggers the law's bank-acceptance deadlines. Under 14 V.S.A. § 4005, it "shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney." That's the only execution requirement in the statute. But the same section adds that a signature acknowledged before a notary "is presumed to be genuine," and several of the law's practical protections depend on that step.
What is a durable power of attorney in Vermont?
A durable power of attorney in Vermont is one that keeps working if your parent becomes incapacitated, and under Vermont's law every power of attorney is durable unless it says otherwise. The law is the Vermont Uniform Power of Attorney Act, 14 V.S.A. §§ 4001 to 4063. It took effect on July 1, 2023, and the same act repealed the older power of attorney chapter. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal.
Durability is the default. Under 14 V.S.A. § 4004, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity or unavailability of the principal." Vermont's definition of unavailability covers someone who is missing, detained, or outside the United States and unable to return. For the reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does Vermont require for a power of attorney to be valid?
Only a signature: your parent signs it, or someone signs in their conscious presence at their direction, and no witness or notary is needed for validity.
| Step | What the law says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | The only execution requirement in 14 V.S.A. § 4005 |
| Notary (optional for validity) | A signature acknowledged before a notary "is presumed to be genuine" | Needed for the bank-acceptance rules (§ 4020) and for real estate (27 V.S.A. § 305) |
Both of Vermont's statutory forms end with a notary acknowledgment and have no witness lines. A power of attorney signed in Vermont before July 1, 2023 stays valid if it met the law in effect when it was signed.
Is there an official Vermont power of attorney form?
Yes. 14 V.S.A. § 4051 sets out the "VERMONT STATUTORY FORM POWER OF ATTORNEY," and a document "substantially in the following form may be used." Section 4052 adds a short form for a single real estate transaction involving a specific parcel of land.
The form's notice is worth reading with your parent before anyone signs. It explains that the agent "will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself," that "This power of attorney does not authorize the agent to make health-care decisions for you," and that "Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions."
In Vermont's form, all thirteen subjects of general authority are included unless your parent strikes through the ones they don't want. Some powers need their own initials. Under 14 V.S.A. § 4031, an agent can create or change trusts, make gifts, create or change survivorship rights or beneficiary designations, or convey property by enhanced life estate deed "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death."
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (14 V.S.A. § 4009). If it starts on incapacity and no one is named to decide, a written determination by a licensed health care professional, such as a physician or psychologist, triggers it; for unavailability, an attorney, judge or government official can make the determination.
Under 14 V.S.A. § 4010, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends, unless the document says otherwise, when "a petition for divorce, annulment, separation, or a decree of nullity is filed" concerning the agent's marriage to your parent. That's the filing, not the final decree.
A court-appointed guardian of the estate doesn't end it: "The power of attorney is not terminated, and the agent's authority continues unless limited, suspended, or terminated by the court." Your parent can nominate a guardian in the power of attorney, and the court follows the most recent nomination except for good cause or disqualification.
What does the agent have to do?
Under 14 V.S.A. § 4014, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in their best interests, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, act with care and diligence, and "keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective government agency asks for those records, the agent has 30 days to comply or explain why more time is needed. The statutory form warns agents that failing in their duties "could subject you to criminal prosecution." Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Vermont power of attorney?
A notarized one, yes, within set deadlines, unless one of the statute's refusal reasons applies. Under 14 V.S.A. § 4020, a person "shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. They "may not require an additional or different form of power of attorney."
The statute lists reasons a bank can still refuse, such as when it wouldn't otherwise have to do business with your parent in the same circumstances, a good-faith belief the document isn't valid, or a report of suspected abuse or exploitation to Adult Protective Services or law enforcement. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs.
Does a Vermont power of attorney need to be recorded?
For real estate, yes. Under 27 V.S.A. § 305, a deed or other conveyance made under a power of attorney "shall not be of any effect or admissible in evidence unless the power of attorney is signed, acknowledged, and recorded in the office where the deed is required to be recorded." In Vermont, deeds are recorded in the town clerk's office of the town where the land lies. That's another reason to notarize.
How do you get a power of attorney for an elderly parent in Vermont?
Your parent makes and signs it while still able to; a notary is optional for validity but needed for the bank rules and real estate. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects with your parent; they strike any general subject they don't want and initial only the specific powers they do want, such as gifts.
- Your parent signs and acknowledges it before a notary.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Vermont?
Your parent can revoke it at any time before being determined to be incapacitated, and Vermont's act doesn't prescribe a method; revocation ends the power of attorney under 14 V.S.A. § 4010. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Vermont adds a limit: "The principal of a power of attorney may not revoke the power of attorney if the principal has been determined to be incapacitated." Signing a new power of attorney doesn't cancel an older one unless the new one says so.
How much does a power of attorney cost in Vermont?
The statutory form is printed in the law and free to use. Vermont's notary law, 26 V.S.A. chapter 103, sets the fee for a notary's commission. Neither that chapter nor the Secretary of State's notary rules, as we read them, sets a maximum fee a notary may charge for an acknowledgment, so ask the notary in advance.
Attorney fees are separate, and none of the sources on this page sets them.
Frequently asked questions
Does a power of attorney need to be notarized in Vermont?
Not to be valid. 14 V.S.A. § 4005 requires only your parent's signature. But a notarized signature is presumed genuine, the seven-business-day rule for banks applies only to notarized powers of attorney, and a power of attorney used to convey real estate must be acknowledged and recorded. Both Vermont statutory forms end with a notary block.
Is a Vermont power of attorney durable?
Yes, by default. Under 14 V.S.A. § 4004, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity or unavailability of the principal." Vermont doesn't require special durability wording, and the agent's authority continues despite time passing since it was signed.
Where can I get a Vermont power of attorney form?
The Vermont Statutory Form Power of Attorney is printed in 14 V.S.A. § 4051, with a real estate short form in § 4052, both published by the Vermont General Assembly. Using them is optional; a document drafted for your parent's situation also works. Signing before a notary triggers the bank-acceptance rules.
Can a Vermont power of attorney make medical decisions?
No. The act doesn't apply to "a power to make health-care decisions," and the statutory form says so. Vermont uses a separate advance directive under 18 V.S.A. chapter 231, which can appoint a health care agent and needs two adult witnesses. See our Vermont advance directive guide.
Can my parent cancel a Vermont power of attorney after a diagnosis?
It depends on timing. Under 14 V.S.A. § 4010(g), your parent "may not revoke the power of attorney" once they've been determined to be incapacitated. Before that, your parent can revoke it. If there are concerns about how an agent is acting, family members and others can ask a court to review the agent's conduct.
Is a power of attorney from another state valid in Vermont?
Yes, if it met the right law when signed. Under 14 V.S.A. § 4006, a power of attorney executed outside Vermont is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Vermont a notary is what triggers the bank-acceptance rules and makes it usable for real estate. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- 14 V.S.A. chapter 127, Vermont Uniform Power of Attorney Act: execution (4005), validity (4006), durability (4004), effective date (4009), termination and revocation (4010), duties (4014), acceptance (4019, 4020), express grants (4031) and the statutory forms (4051, 4052); published by the Vermont General Assembly.
- 2023 Act 60: enacted the act effective July 1, 2023 and repealed the former chapter 123.
- 27 V.S.A. chapter 5, Conveyance of real property: recording a power of attorney for real estate (305) and recording deeds (341).
- Vermont Secretary of State, Notary statutes and rules: notary law and administrative rules.
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