The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 127 : Vermont Uniform Power of Attorney Act

Subchapter 002 : AUTHORITY

• § 4031. Authority that requires specific grant; grant of general authority

  (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

  (1) create, amend, revoke, or terminate an inter vivos trust;

  (2) make a gift;

  (3) create or change rights of survivorship;

  (4) create or change a beneficiary designation;

  (5) delegate authority granted under the power of attorney;

  (6) waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

  (7) authorize another person to exercise the authority granted under the power of attorney;

  (8) exercise authority over the content of an electronic communication of the principal in accordance with chapter 125 of this title (Vermont Revised Uniform Fiduciary Access to Digital Assets Act);

  (9) disclaim property, including a power of appointment;

  (10) exercise a written waiver of spousal rights under section 323 of this title;

  (11) exercise authority with respect to intellectual property, including copyrights, contracts for payment of royalties, and trademarks; or

  (12) convey, or revoke or revise a grantee designation, by enhanced life estate deed pursuant to chapter 6 of Title 27 or under common law.

  (b) Notwithstanding a grant of authority to do an act described in subsection (a) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

  (c) Subject to subsections (a), (b), (d), and (e) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 4034–4046 of this title.

  (d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 4047 of this title.

  (e) Subject to subsections (a), (b), and (d) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

  (f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.

  (g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act. (Added 2023, No. 60, § 1, eff. July 1, 2023.)