Health-care planning

Advance Directives & Living Wills in Vermont

Use an advance directive to put health-care wishes and decision-making authority in writing while you can choose. Check Vermont’s witness rules and any additional requirements in a hospital or residential facility. Make the current version available to the people who will need to use it.

Prepare the conversation with your agent

Discuss the outcomes you would find unacceptable, comfort and treatment preferences, organ donation and disposition wishes. Give the agent room to apply those goals to a situation that the form cannot predict. Reconcile conflicting instructions before signing.

Who needs a copy of a signed advance directive

Person	Why they need it	When to update them
Your health-care agent	They must know your wishes and be able to show the document	When you sign or change it
Backup agents	They step in if the first agent cannot act	When you sign or change it
Your primary physician	It belongs in your medical record	After a new diagnosis
The hospital or care facility you use	Staff will look for it at admission	Before a planned procedure
Close family members	Knowing your choices can prevent conflict	After a family change
Your lawyer	Keeps the original with the rest of your plan	At each plan review

Records for advance directives & living wills

Existing directive
Agent choices
Health-care priorities
Questions about treatment or disposition of remains

Is a living will the same as an advance directive in Vermont?

Vermont law uses "advance directive" as the formal term; "living will" is the common name people search for the same health-care document. Both describe instructions for care and, usually, an appointed agent.

Can a capable Vermont adult make an advance directive?

Vermont law states that an adult with capacity may execute an advance directive. Formal requirements apply to the document and signing process.

Is an advance directive the same as a financial power of attorney?

No. An advance directive concerns health-care decisions; a financial power of attorney concerns specified financial and legal authority.

Who can witness a Vermont advance directive?

Two adults, 18 or older. Your agent, your spouse, and your parent, adult child, adult sibling, or adult grandchild cannot witness.

Your health care provider may. The witnesses affirm you seemed to understand the document and were free from pressure.

Can I sign an advance directive remotely?

Yes, with conditions; since April 1, 2024, a remote witness must know you, watch over live audio-video or a phone call, and be named on the directive with contact information and their relationship to you. Signing in person is still the simplest route.

Can my doctor or nurse be my health care agent?

Your own health care provider cannot serve as your agent. An owner, employee, or contractor of a facility where you live also cannot, unless related to you by blood, marriage, civil union, or adoption.

What extra steps apply if I sign one in a nursing home or hospital?

The directive is not effective unless a person from a list explains its nature and effect to you and signs a statement saying so. The list includes an attorney licensed in Vermont, an ombudsman, or clergy. It protects residents from being pressured.

Can I say who should not make decisions for me?

Yes. An advance directive can name people you do not want as decision-makers, and people your agent should or should not consult; it can also name whom you would want as a guardian if one were ever needed.

Can my directive cover organ donation and funeral wishes?

Yes. The statute lets an advance directive address anatomical gifts, the disposition of your remains, and funeral goods and services. Some people put those in the same document so one person can act on all of it.

How do I cancel an advance directive?

A person with capacity can replace or change a directive by signing a new one. Revoking is easier: with or without capacity, the principal can revoke by signing a statement, telling their clinician, or burning, tearing, or obliterating the document. Tell the agent, and give the new version to your doctor and any facility so no one relies on an old copy.

Can my advance directive apply even if I still have capacity?

It can if you say so. The statute lets you provide that the directive is effective on signing, or effective when a condition you choose is met; many people prefer it to take effect only when they cannot decide.

Can the agent override my objection?

Only if you gave that power. The statute lets a principal include a provision allowing the agent to authorize or withhold care over the principal's objection when the principal lacks capacity. Think before including it.

What happens if a hospital ignores my directive?

The statute has a section on failure to follow an advance directive, and health care providers have obligations to comply or transfer care. An agent or another interested person can petition the Probate Division for review under the statute.

Does an advance directive cover mental health care?

It can address the treatment you want or reject for a mental or physical condition. Vermont law also has specific rules on things like involuntary treatment, so talk to a lawyer if mental health preferences matter to you.

Should my agent be the same as my financial agent?

Not necessarily. The roles differ. Some families use one person for both, others split them; the person good at hospital conversations may not be the one best with bank accounts.

What if I travel or spend winters in another state?

The statute has a section on reciprocity, and many states honor out-of-state directives. Still, carry a copy, and consider signing the other state's form as well. A lawyer can check the details.

Do I need a lawyer to make one?

Not required. Forms are widely available, and the statute sets the execution rules: two qualifying witnesses and, in a hospital or nursing home, an explanation. A lawyer helps when your wishes are complex or your family may disagree.

Primary Vermont sources

Related legal help

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Specific questions

Choosing a health-care agent and making the instructions usable

A Vermont advance directive lets an adult with capacity appoint a health-care agent and record instructions for future care. Its value depends on four things: valid execution, a well-chosen agent, clear conversations and making the current document available when it is needed.

Choose the agent before choosing the words. The agent may have to make hard decisions and speak with clinicians and family, so pick someone who understands your goals, can act under pressure and is willing to serve, then name a backup.

Make the instructions usable by discussing your goals, unacceptable outcomes, pain control, life-sustaining treatment, organ donation and disposition preferences in plain language. A lawyer can help reconcile instructions that might conflict.

Then finish the follow-through. Give copies to the agent and your health-care providers, keep the original accessible, review the directive after a diagnosis, a relationship change or a move, and replace outdated copies whenever the document changes

Choose the agent before choosing the words The agent may need to make difficult decisions and communicate with clinicians and family. Choose someone who understands your goals, can act under pressure, and is willing to serve; then name an appropriate backup
Make the instructions usable Discuss goals, unacceptable outcomes, pain control, life-sustaining treatment, organ donation, and disposition preferences in plain language. A lawyer can help reconcile instructions that might otherwise conflict
What to discuss with your health-care agent
Topic The question to answer
Your goals What matters most to you in future care?
Unacceptable outcomes What would you not want, in plain words?
Pain control How should comfort be weighed against alertness?
Life-sustaining treatment When would you want it, and when not?
Organ donation Do you want to donate, and how?
Disposition of remains What are your wishes?
Backup agent Who steps in if the first agent cannot act?
Finish the follow-through Execution is only the beginning. Give copies to the agent and health-care providers Keep the original accessible Review after a diagnosis, relationship change, or move Replace outdated copies when the document changes

How specific should the instructions be?: Specific enough to guide your agent, not so specific that they cannot apply. Say what matters most to you and what outcomes you would find unacceptable; ask your doctor to explain treatments so your words fit the real choices
Can my advance directive apply even if I still have capacity?: It can if you say so. The statute lets you provide that the directive is effective on signing, or effective when a condition you choose is met; many people prefer it to take effect only when they cannot decide
Can the agent override my objection?: Only if you gave that power. The statute lets a principal include a provision allowing the agent to authorize or withhold care over the principal's objection when the principal lacks capacity. Think before including it
What happens if a hospital ignores my directive?: The statute has a section on failure to follow an advance directive, and health care providers have obligations to comply or transfer care. An agent or another interested person can petition the Probate Division for review under the statute
Who can see my directive?: Your agent, your providers, and anyone you choose. You can also name people who may receive your health information. Keep the original where it can be found and give copies to your doctor and hospital
Does an advance directive cover mental health care?: It can address the treatment you want or reject for a mental or physical condition. Vermont law also has specific rules on things like involuntary treatment, so talk to a lawyer if mental health preferences matter to you
How do I choose a health care agent?: Choose someone who knows you, can speak up with doctors, and will follow your wishes even when they disagree. Ask them first. Then name an alternate. Do not choose someone just because they are the oldest child
Should my agent be the same as my financial agent?: Not necessarily. The roles differ. Some families use one person for both, others split them; the person good at hospital conversations may not be the one best with bank accounts
What if I travel or spend winters in another state?: The statute has a section on reciprocity, and many states honor out-of-state directives. Still, carry a copy, and consider signing the other state's form as well. A lawyer can check the details
Do I need a lawyer to make one?: Not required. Forms are widely available, and the statute sets the execution rules: two qualifying witnesses and, in a hospital or nursing home, an explanation. A lawyer helps when your wishes are complex or your family may disagree
Can I say what should happen to my body?: Yes. The statute lets the directive address anatomical gifts, disposition of remains, funeral goods and services, and a pre-need contract; name someone who will carry them out and tell them your wishes
How often should I review it?: After a diagnosis, a move, a marriage or divorce, or the death of your agent; without a trigger, look at it every few years. Replace all old copies when you sign a new one, so no one relies on an outdated version

Vermont advance-directive statute