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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 123 : POWERS OF ATTORNEY

(Cite as: 14 V.S.A. § 3501)
  • § 3501. Definitions

    As used in this subchapter:

    (1) "Accounting" means a written statement itemizing transactions taken by an agent pursuant to authority granted by a principal under a power of attorney.

    (2) "Agent" means a person named by a principal in a written power of attorney to act on the principal's behalf, and is synonymous with the term "attorney-in-fact".

    (3) "Commercial transaction" means any transaction entered into on behalf of the principal for commercial or business purposes and not primarily for personal, family, or household purposes.

    (4) "Compensation" means payment to the agent from assets of the principal for services rendered by the agent.

    (5) "Disability or incapacity of the principal" means a physical or mental condition which prevents the principal from directing the actions of the agent and would, under common law principles of agency, cause a power of attorney previously executed by the principal to terminate.

    (6) "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.

    (7) "Gift" means any transfer of anything of value for which consideration of less than fair market value is received.

    (8) "Power of attorney" means a written document by which a principal designates an agent to act in his or her behalf.

    (9) "Principal" means a person who executes a power of attorney designating one or more agents to act on his or her behalf.

    (10) "Revocation" means the cancellation by a principal of the authority previously given by the principal to an agent.

    (11) "Self-dealing" means any transaction, including transfer of property of a principal to an agent, that directly or indirectly benefits the agent or the immediate family of the agent, regardless of whether the agent has provided consideration for the transaction.

    (12) "Termination" means any occurrence or event, including revocation, which, under this subchapter, causes the authority previously given by a principal to an agent to cease.

    (13) "Terms of the power of attorney" means the specific language contained in a power of attorney.

    (14) "Third party" means any person that acts on a request from, contracts with, or otherwise deals with an agent pursuant to authority granted by a principal in a power of attorney. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)