Updated April 14, 2023
A Vermont General (Financial) Power of Attorney Form is an instrument for legally appointing someone to handle your financial affairs. This person will be able to represent you by using your name to conduct business because this form shall act as proof that you have approved his or her actions. It goes to follow that you make sure he or she understands your wishes and will accept such responsibilities. It is important to note; this type of delegation will automatically become inactive if you are incapacitated. Some people may wish the appointment to remain in effect despite being incapacitated. Such cases should consider the Vermont durable power of attorney. Otherwise, this paperwork will supply the language necessary to deliver the same authority as a durable appointment.
Laws
- Statutes – Chapter 123: Powers Of Attorney
- Authority (14 V.S.A. § 3504) – An agent under a power of attorney may act on behalf of the principal and exercise broad authority as granted by the agreement.
- Signing Requirements (14 V.S.A. § 3503) – One (1) Witness and Notary Public.
How to Write
1 – Supply The Requested Principal And Attorney-in-Fact Report
Locate the “Appointment Of Agent” section at the beginning of this document, then report the Principal’s Full Name in the “Your Name” box. The Principal’s Birth Date must also be supplied to this document. Record this information as it appears on his or her Birth Certificate on the space labeled space “Date Of Birth.”
The Principal’s Address will also have to be presented and may be supplied using the two next two blank lines. Note that the Street Address should be supplied to the first line after the word “Address” while the second line has been divided to provide guidance regarding where the individual components of the remainder of this Address should be presented.
The Attorney-in-Fact who the Principal intends to wield Principal Powers on his or her behalf will have to be identified. In addition, his or her Address must also be provided to this document. The two lines (“Name” and “Address”) under the statement “I Appoint The Following Person As My Agent.”
The bottom of this page presents a line labeled “Initial Page.” The Principal must initial this page once its requirements have been satisfied. Each page will have a space for this type of verification where the Principal must initial the blank line after he or she has made sure that the page has been supplied with accurate information.
2 – Several Statements Request The Principal Determined Starting Date Of These Powers
The “Effective Date” section of this document contains four statements. These statements offer a choice on when the first Calendar Date the Attorney-in-Fact may begin using Principal Powers. The Principal must initial the statement that he or she intends to define the Start Date with, while excluding the rest of these statements from this definition.
The Principal can declare the Principal Powers in this document are effective immediately if the Principal initials the first blank line. The second statement will allow the Principal to define the Start Date on the blank space provided at the end of it. If the Principal reports such a Date here, he or she will need to initial the blank space that precedes it to set it in effect.
The language set forth in the third statement will declare the Start Date as the same Date the Principal’s Physician delivers a prognosis that the Principal’s health has rendered him or her disabled and unable to make financial decisions. To set this Date as the Start Date then, he or she must initial the corresponding empty line.
If the Principal has a specific catalyst event in mind that should automatically make the Principal Powers in this document effective, then he or she should define this event on the blank lines supplied under the last choice then initial it.
3 – The Principal Should Review Additional Specific Powers That Can Be Granted
The “Specific Powers” section of this template will also supply several statements. These statements will define Principal Powers that are not automatically delivered to the Attorney-in-Fact through this document. They can, however, be appointed to him or her if the Principal supplies direct approval in the form of his or her initials. Only the statements that define the Powers the Principal wishes to designate to the Attorney-in-Fact should be initialed here. Any statement that lacks the Principal’s initials will define a Power withheld from those granted by the Principal.
If the Principal wishes to add Real Estate Powers he or she has to the General Powers granted through this document, then the Principal must initial the blank space that precedes this statement. The Principal can delegate Specific Real Estate Powers the Attorney-in-Fact may wield in his or her Name in the second statement. He or she can define these Powers or a determined Real Property using the blank lines under this statement. If the Principal chooses to employ this option, he or she must initial the blank space in the left margin of this statement.
The third statement will allow the Attorney-in-Fact to wield Principal Authority to gain Reimbursement for his or her duties when the Principal initials the blank space in its margin.
The language in the next statement will supply a way to appoint the Attorney-in-Fact with the Principal Authority “To Make Gifts Or Loans” on behalf of the Principal. This does not give the Attorney-in-Fact to make loans or gifts to himself or herself. If the Principal wishes to appoint the Attorney-in-Fact with this Power, he or she should initial the space that corresponds with the fourth statement.
The Principal can give the Attorney-in-Fact the Principal Power to make gifts and loans to himself or herself using Principal Power when the Principal initials the fifth statement.
If the Principal has decided the Attorney-in-Fact may delegate, the Principal Powers appointed through this paperwork to third parties then the Principal should initial the last statement.
4 – A Limitation To These Powers May Be Imposed At Principal Discretion
If the Principal believes that some of the Powers this document grants should be limited or restricted, it should be fully documented. These limitations/restrictions must be documented on the blank lines in the section labeled “Limitations On The Powers Of The Agent.” An attachment with a full description of these restrictions may be supplied if not enough room has been provided.
5 – The Principal Can Determine How His Or Her Health Will Affect These Powers
The section labeled “Durable Power Of Attorney” will present a structured manner for the Principal to indicate if these Powers should remain in effect should the Principal become incapacitated or disabled. If so, then he or she should initial the first statement (“Yes. I Want This Power Of Attorney To Be Durable”). If not, then he or she should initial the second statement (“No. I Do Not Want This Power Of Attorney To Be Durable”).
6 – An Alternate Agent May Be Determined And Declared By The Principal
This document can also enable the Principal to reserve an Alternate Agent. This person will only have Principal Powers granted to him or her if the Attorney-in-Fact is unable to wield Principal Powers or does not intend to. The blank lines labeled “Name” and “Address” in the “Alternate Agent” section will require the Identity and Location of this entity. This information must be provided before the time of signing.
7 – The Principal Retains The Right Of Declaring Accountability Requirements
The “Accountings” section will present an area where the Principal can deliver instructions regarding record keeping. If the Principal requires the Attorney-in-Fact to keep records of his or her Principal Actions, then directions for doing so should be provided in the area provided here. If more room is required these instructions may be documented in an attachment.
8 – A Witnessed Signature Of The Principal Must Be Notarized To Finalize This Document
The Principal is required to Execute this paperwork by attending to the “Signature Of Principal” section. He or she must sign the blank space labeled “You Sign Here” then supply the Date of Signature on the adjacent line. The next area, “Witness,” contains a declaration statement the Witness must read. If he or she can attest to its truthfulness, then the Witness must sign the blank space labeled “Witness Signs Here.” After his or her Signature, the Witness must supply the Date he or she signed this document to the “Date” line. Finally, the Witness must Print his or her Name and furnish his or her Address on the spaces labeled “Print Name” and “Address.”
The Notary Public serving this signing must use the “Notary” section to notarize this document’s Execution
This document should now be turned over to the Agent, he or she must provide his or her Signature on the line labeled “(Agent Signs Here)” along with the Date he or she signed this form in the “Signature Of Agent” section. Note: The Attorney-in-Fact should read the “Instructions To The Agent” page.
The last page shall supply several areas so that a Roster of the parties possessing a copy of this completed document may be reported. Each area will have a “Name,” “Address,” and “Date Copy Given” line so the Recipient’s Name, Address, and the Calendar Date when he or she has received his or her copy of this paperwork.