§ 9704. Amendment, suspension, and revocation
(a)(1) A principal with capacity may amend, suspend, or revoke an advance directive or any
specific instruction in an advance directive by executing a new advance directive
or instruction pursuant to section 9703 of this title.
(2) A provision in a subsequently executed advance directive amends an earlier provision
in an advance directive to the extent of any conflict between them.
(b)(1) Except as provided in subdivision (3) of this subsection, a principal with or without
capacity may suspend or revoke all or part of an advance directive, including the
designation of an agent:
(A) by signing a statement suspending or revoking all or part of an advance directive;
(B) by personally informing the principal’s clinician, who shall make a written record
of the suspension or revocation in the principal’s medical record; or
(C) by burning, tearing, or obliterating the advance directive, either by the principal
personally or by another person at the principal’s express direction and in the presence
of the principal.
(2) Except as provided in subdivision (3) of this subsection, a principal with or without
capacity may suspend or revoke any provision other than the designation of an agent,
orally, in writing, or by any other act evidencing a specific intent to suspend or
revoke.
(3) A provision in an advance directive executed pursuant to subsection 9707(h) of this title may be suspended or revoked only if the principal has capacity.
(4) To the extent possible, the principal shall communicate any suspension or revocation
to the agent or other interested individual.
(c)(1) A clinician, health care provider, health care facility, or residential care facility
who becomes aware of an amendment, suspension, or revocation while treating an incapacitated
principal shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) record the amendment, suspension, or revocation in the principal’s medical record;
(C) flag the amendment, suspension, or revocation in the principal’s medical record on
the front of the medical folder or on the front of any advance directive filed in
the medical record;
(D) notify the principal, agent, and guardian of the amendment, suspension, or revocation;
and
(E) inform the registry of the amendment, suspension, or revocation.
(2) A clinician, health care provider, health care facility, or residential care facility
who becomes aware of an amendment, suspension, or revocation while treating a principal
with capacity shall comply with the following requirements:
(A) satisfy the requirements of subdivisions (1)(A), (B), and (C) of this subsection (c);
and
(B) on request, assist the principal in notifying agents, guardians, interested individuals,
and the registry.
(3) A health care provider, health care facility, or residential care facility not currently
providing health or residential care to a principal who becomes aware of an amendment,
suspension, or revocation shall ensure that the amendment, suspension, or revocation
is recorded and flagged in the principal’s medical record and is submitted to the
registry.
(4) An agent or guardian who becomes aware of an amendment, suspension, or revocation
shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) ensure that the amendment, suspension, or revocation is recorded in the principal’s
medical record; and
(C) provide notice of the amendment, suspension, or revocation to:
(i) the principal’s clinician, health care provider, health care facility, or residential
care facility;
(ii) any person designated in the advance directive to receive such notice;
(iii) any entity or individual known to hold a copy of the principal’s advance directive;
and
(iv) the registry, if the principal’s advance directive has been submitted to the registry.
(d)(1) The filing of an action or motion for annulment, divorce, dissolution of a civil union,
legal separation, or an order for relief from abuse under 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69, subchapter 2 by, on behalf of, or against the principal suspends a previous designation
of the spouse or other party opposing the principal in the action as agent unless
otherwise specified in the advance directive, decree, or order of the court.
(2) A designation of agent suspended under subdivision (1) of this subsection shall no
longer be in effect, and the agent shall be reinstated, upon the withdrawal of the
action or motion for annulment, divorce, dissolution of civil union, legal separation,
or order for relief from abuse, or upon the expiration of a temporary order for relief
from abuse.
(3) A designation of agent suspended under subdivision (1) of this subsection shall become
permanent when the annulment, divorce, dissolution of civil union, or legal separation
becomes final, or when the motion for relief from abuse is granted.
(e) Unless otherwise provided for in an advance directive, each provision of an advance
directive is severable from the other provisions in an advance directive if it can
be given effect independently. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 334.)