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Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.
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Do I really need a power of attorney in Vermont?
A durable power of attorney dictates your wishes during unexpected times. You may be in an accident that renders you permanently or temporarily incapacitated. Or your workplace may send you to their Paris office for three months. In both these cases, a power of attorney allows your daily affairs (like depositing checks at financial institutions or paying your mortgage) to continue despite your unavailability.
Without a power of attorney, there is no one to manage your routine transactions, like banking, paying bills, providing family support, or managing real estate. If you become incapacitated and are no longer of sound mind, the impacts are even more serious. Your loved ones will need to file a court proceeding for a conservatorship to manage your assets. There is no guarantee that the court will choose a conservator who is your first choice, and the long process is often expensive. A power of attorney offers you this protection when the worst happens and does so for less stress and money.
FindLaw provides an easy-to-use service where you can create your own power of attorney quickly and securely.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a Vermont power of attorney
Understand how a POA works in Vermont
A power of attorney is a written legal document where a principal (you) appoints an agent (or attorney-in-fact) to act on their behalf. In Vermont, powers of attorney are generally durable, meaning they remain in effect regardless of the principal’s incapacity.
A durable power of attorney assigns broad powers to the agent, including:
- Financial power
- Real estate transfers
- Retirement plan management
- Fiduciary obligations
- Beneficiary matters on life insurance policies
Most powers of attorney contain these broad powers since they serve as a back-up in case of incapacitation or long-term unavailability.
You can make powers of attorney as limited or broad as you desire. Limited powers of attorney may narrow duties to one category or a group of specific powers (e.g., financial affairs) or one event (e.g., large business purchases).
Choose an agent
Carefully consider who you wish to serve as your agent. This individual should be knowledgeable about your life and willing to look out for your best interest. Many people choose their spouse, live-in partner, close friend, sibling, or business associate to fulfill this role. Choose a successor agent, too, in case your first choice is unable or unwilling to serve as your agent when you need them.
Assign duties to the agent
If you wish to use your power of attorney as a stop-gap in case you become incapacitated, consider assigning broad powers. That step ensures nothing becomes neglected when you cannot address those matters. You can limit duties or split them between two agents. For example, you may want your spouse to handle banking, personal real estate, and childcare matters but assign small business management to your business partner.
Sign in front of one witness and a notary public
Vermont law requires powers of attorney to be signed, witnessed, and notarized. Your witness cannot be related to you or a beneficiary of your estate. Notary publics may be on staff at your local financial institution, or you can hire a mobile notary to visit your home. Ensure your witness is available at the same time since both the notary and the witness need to see you sign the document.
Make copies
Once it’s complete, make copies of your power of attorney. Provide them to your agent, family members, and anyone else affected by its contents. Store the original in a safe deposit box or fireproof document cabinet.
If you decide to change or revoke your power of attorney, you only need to draft and execute a new one. The new power of attorney cancels out previous ones. However, if you decide you no longer need a power of attorney but do not feel ready to draft a new one, you can sign a power of attorney revocation form. Inform your agent about any revocations; otherwise, they will still be able to act under the original power of attorney.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
Ready to start your Vermont power of attorney?
Create my formCommonly asked questions about powers of attorney in Vermont
You can find free power of attorney forms online. However, there is no guarantee that they are appropriate for your situation or legally enforceable in Vermont. They also do not come with instructions, so you run the risk of completing them incorrectly. Your best course of action is to find a reliable form and hire an attorney to review it.
Most people can complete power of attorney forms on their own using a service like FindLaw’s.
Even if you download and complete a form, however, it is sometimes wise to have a lawyer review your completed form before signing it. This is especially true if you own a business, face substantial family conflict, or hold assets only in your name.
Law firms also often have notaries on staff and a steady supply of non-interested witnesses, making execution much easier. Finally, if you need complex estate planning documents like trusts, it never hurts to contact a lawyer to address all your estate planning needs.
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