Updated January 12, 2023
A Vermont durable power of attorney form is a legal document that allows a person (“principal”) to appoint someone else (“agent”) to stand in their place and handle their business affairs. This is only valid for financial-related decisions and may not be used for health care or guardianship representation. The term “durable” means the form lasts the lifetime of the principal unless terminated by the principal. After signing, the agent may begin acting and representing the principal in financial transactions.
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Standard Version 1
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Table of Contents |
Laws
Title 14, Chapter 123 (Powers of Attorney)
Definition of “Durable”
“Durable power of attorney” means a written power of attorney in which the authority of the agent does not terminate in the event of the disability or incapacity of the principal (14 V.S.A. § 3501(6)).
Definition of Power of Attorney
“Power of attorney” means a written document by which a principal designates an agent to act in his or her behalf (14 V.S.A. § 3501(8)).
Signing Requirements
The principal must have their signature acknowledged before a notary public and one (1) witness. The agent cannot act as the witness to the principal’s signature. (14 V.S.A. § 3503.)
Statutory Form
The State of Vermont does not have a statutory form available, however, laws overviewing durable powers may be found at 14 V.S.A. § 3508.
How to Write
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1 – Save The Vermont Appointment Template In Any Of The Formats Provided
The official paperwork to designate a Vermont Attorney-in-Fact is available through the buttons on this page. Save this form as a PDF, Word, and ODT
2 – Input Some Preliminary Information Directly Into The Introduction
Find the phrase “…The Principal, Of” then fill in the Principal’s Full And Legal Name on the blank line that precedes it and the Street Address of the Principal on the empty line that immediately follows it. The State where this Address is located should be supplied to the third line in this paragraph.
Now locate the words “Hereby Designate” and enter the Legal Name of the Attorney-in-Fact onto the next available blank line. This entity will also need his or her Street Address and State displayed on the next two available lines
3 – The Date Of Effect Chosen By The Principal Must Be Verified
A Date must be attached to the declaration statement making up the first paragraph to indicate when it will become effective. In essence, making the Principal Authority delivered here accessible to the Attorney-in-Fact. Two statements (labeled “A” and “B” under the “Effective Date” heading shall supply a method for the Principal to directly communicate his or her determined Date of Effect. The Principal giving his or her Authority will have to initial one of these choices to set that option as the one that defines this Date.
Statement A declares the granting of Authority to the Attorney-in-Fact the moment the Principal signs this paperwork. This statement will only act as a definition to the Date of Effect when the Principal initials the blank space placed before the letter “A”
Statement B determines the Effective Date as the same Calendar Date on a written Physician Diagnoses that the Principal has been rendered disabled or incapacitated and unable to handle his or her own affairs.
4 – The Principal Powers Will Be Delegated On Principal Approval
The Principal Powers that can be delivered through this document will enable an Attorney-in-Fact with the ability, right, and Authority to dramatically affect Principal Affairs. Thus, Principal Power has been divided into several classifications of Authority. Each classification will have a self-explanatory label preceded with a blank line the Principal can initial at his or her discretion. The Principal should read the full passage associated with each of these labels. If the Principal initials one of the blank lines the actions and decisions described within it can be performed by the Attorney-in-Fact as if the Attorney-in-Fact were the Principal.
The “Banking” Powers the Principal exerts with Financial Institutions are described in the first paragraph in the “Powers Of Attorney-in-Fact” section. The Principal will have to initial the blank line attached to the “Banking” label to grant the Attorney-in-Fact to give him or her this Principal Power. 
The second classification of Principal Power, “Safe Deposit Box,” enables an Attorney-in-Fact to access, open, and control the Principal Safe Deposit Boxes in the Principal’s Name with the Principal Act of initialing the blank space attached to the label. 
The “Lending Or Borrowing” statement shall deliver the Principal Power to “Make Loans” and “Borrow Money” in the name of the Principal along with a host of other actions. The Principal can appoint the Attorney-in-Fact with the ability to perform all of the actions defined here by initialing the blank space that precedes this statement. 
The Principal’s “Government Benefits” can be placed within the Attorney-in-Fact’s Principal Authority when the Principal initials the blank space attached to this label. 
The Principal can assign the Attorney-in-Fact with the Principal Power to decide and manage his or her “Retirement Plan” (apart from changing certain beneficiaries) by initialing the space preceding this label 
The “Taxes” paragraph enables the Principal to assign the Attorney-in-Fact with the Principal Authority to represent him or her with Tax entities. This will include decisions, submitting forms in the Principal’s Name, and taking actions. The empty line attached to the word “Taxes” must be initialed by the Principal to include this Authority in the Attorney-in-Fact’s Principal Powers. 
The Principal can delegate the Authority to handle his or her “Insurance” policies to the Attorney-in-Fact by initialing the “Insurance” statement. 
Principal “Real Estate” matters can be included in the Principal Powers delivered to Attorney-in-Fact here if the Principal initials the blank space that is attached to this label. 
The “Personal Property” of the Principal can be acquired, purchased, exchanged, and leased by the Attorney-in-Fact with Principal Authority when the Principal initials this paragraph 
The Principal Authority and “Power To Manage Property” can be conferred to the Attorney-in-Fact when the Principal initials the blank space preceding this label. 
The Principal Authority to make “Gifts” or perform gifting actions in the name of the Principal can be delivered to the Attorney-in-Fact when he or she initials the blank line attached to 
The Principal’s “Legal Advice And Proceedings” needs can be arranged by the Attorney-in-Fact on behalf of the Principal. The Principal can appoint the Attorney-in-Fact with this Principal Power by initialing the blank space corresponding to this Power Description. 
The paragraph labeled “Special Instructions” has been furnished with some space to report specific instructions, limitations, or extensions regarding the Principal Powers delivered through this document. Any such provisions should be recorded on these blank lines. If more room is required, produce the remainder of the Principal Directives on a separate document then attach it to this paperwork. Make sure to label such an attachment appropriately then cite it in this section (i.e. continued on Attachment A or Exhibit A) 
5 – Principal Execution Will Occur Through The Principal Signing
The Principal’s Signing is the tool used to execute this document. This signature must be Dated by the Principal when he or she signs it. The Signature Date can be recorded in the statement “In Witness Whereof, I Have On this…” Three empty spaces have been provided across this statement so that each component of the Signature Date (i.e. Calendar Day, Month, and Year) can be reported separately. The blank line below this statement must be signed by the Principal so this document can be executed. It will not be executed otherwise. 
Two Witnesses will be required to aid in the proper execution of this paperwork. Each one will have to provide his or her Signature and Address after reading the Witness Testimonial Statement below the Principal’s Signature. This area has been constructed so that each of the two Witnesses will have his or her own area to work with. 
The last area of this document shall supply the Notary Public attending this signing with a defined area to notarize this paperwork once it is signed 
An additional required document that shall apply to this document will be the “Specimen Signature And Acceptance Of Appointment” page. Print the Attorney-in-Fact’s Name onto the blank line in the statement provided then present it to the Attorney-in-Fact for his or her Signature. 
The Attorney-in-Fact must sign this page before a Notary Public. The Notary Public will notarize this signing using the area below the signature. 
Related Forms
Download: Adobe PDF
Download: Adobe PDF