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Searching 2023-2024 Session

The Vermont Statutes Online


Title 14 : Decedents Estates and Fiduciary Relations


(Cite as: 14 V.S.A. § 3503)
  • § 3503. Execution

    (a) A power of attorney shall be signed by the principal in the presence of at least one witness and shall be acknowledged before a notary public, who shall be a person other than the witness.

    (b) If the principal is physically unable to sign, the power of attorney may be signed in the principal’s name written by some other person in the principal’s presence and at the principal’s express direction, provided the person signing for the principal is not named as agent and the power of attorney states another person has signed for the principal and identifies the name of that person.

    (c) A person named as agent under the document may not serve as a witness or notary public with respect to the document.

    (d) The witness shall affirm that the principal appeared to be of sound mind and free from duress at the time the power of attorney was signed, and that the principal affirmed that he or she was aware of the nature of the document and signed it freely and voluntarily.

    (e)(1) No agent, including alternate or successor agents, may exercise authority granted in a power of attorney unless the agent has signed the power of attorney, attesting that the agent:

    (A) accepts appointment as agent;

    (B) understands the duties under the power of attorney and under the law;

    (C) understands that he or she has a duty to act if expressly required to do so in the power of attorney consistent with subsection 3506(c) of this title; and

    (D) understands that the agent is expected to use his or her special skills or expertise on behalf of the principal, if the expectation that the agent does so is expressly provided for in the power of attorney consistent with subdivision 3505(a)(6) of this title.

    (2) An agent may sign at any time after a power of attorney has been executed and before it has been exercised for the first time.

    (f)(1) During the period that the Emergency Administrative Rules for Remote Notarial Acts issued by the Vermont Secretary of State (the Emergency Rules) are in effect, the witness to a power of attorney signed in conformity with the Emergency Rules and pursuant to this section shall be considered to be in the presence of the principal whether or not the witness is physically present with the principal or the notary. A power of attorney executed pursuant to this subsection may be recorded in the land records.

    (2) A power of attorney executed in compliance with the Emergency Rules shall be presumed to be valid if the notarial certificate attached to the power of attorney contains an affirmative statement of compliance with the Emergency Rules. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002; amended 2019, No. 95 (Adj. Sess.), § 2, eff. April 28, 2020.)