Vermont Power of Attorney Requirements
Vermont enacted the Vermont Uniform Power of Attorney Act, at 14 V.S.A. chapter 127, effective July 1, 2023. This page covers how a power of attorney is signed in Vermont under the current chapter.
Vermont requirements
- 14 V.S.A. section 4005 requires the power of attorney to be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction.
- The same section says a signature is presumed to be genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments. That presumption is why notarizing is the practical default even though the section frames it as a presumption.
- Durability is the default. 14 V.S.A. section 4004 makes a power of attorney created under the chapter durable unless it expressly provides that it terminates on the incapacity or unavailability of the principal.
- Section 4005 does not impose a witness requirement. Vermont law changed in 2023, so older Vermont forms and checklists may still describe witness rules that the current chapter does not contain.
- Sections 4019 and 4020 deal with acceptance of and reliance on an acknowledged power of attorney and liability for refusing one, which is another reason to have the signature acknowledged before a notary.
- If the agent will handle Vermont real estate, ask the town clerk where the property is recorded what it requires before the closing.
Frequently asked questions
Does a Vermont power of attorney have to be notarized?
The statute frames notarization as a presumption rather than a bare requirement: under 14 V.S.A. section 4005 a signature is presumed genuine if the principal acknowledges it before a notary public or another individual authorized to take acknowledgments. Notarize it so third parties will rely on it.
Is a Vermont power of attorney durable automatically?
Yes, under the current chapter. 14 V.S.A. section 4004 says a power of attorney created under the chapter is durable unless it expressly provides that it terminates on the incapacity or unavailability of the principal.
Official sources
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