§ 9718. Petition for review by the Probate Division of the Superior Court
§ 9718. Petition for review by the Probate Division of the Superior Court (a) A petition may be filed in the Probate Division of the Superior Court under this section by: (1) a principal, guardian, agent, ombudsman, a mental health patient representative, or interested individual other than one identified in an advance directive, pursuant to […]
§ 9719. Obligations of State agencies
§ 9719. Obligations of State agencies (a) No later than March 1, 2012, and from time to time thereafter, the Commissioner, in consultation with all appropriate agencies and organizations, shall adopt rules pursuant to 3 V.S.A. chapter 25 to effectuate the intent of this chapter. The rules shall cover at least one optional form of […]
§ 9720. Severability
§ 9720. Severability If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, provisions of this chapter are severable. (Added 2005, […]
§ 9721. Advance directives; COVID-19; remote witnesses and explainers
§ 9721. Advance directives; COVID-19; remote witnesses and explainers (a) As used in this section, “remote witness” means a witness who is not physically present when a principal signs an advance directive. (b)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between February 15, […]
§ 9731. Informed consent by surrogate for DNR/COLST order
§ 9731. Informed consent by surrogate for DNR/COLST order (a)(1) One or more interested individuals may be eligible to act as the surrogate for an adult without capacity in order to provide or withhold informed consent for a do-not-resuscitate order or clinician order for life-sustaining treatment pursuant to this subchapter. Only one interested individual may […]
§ 9713. Immunity
§ 9713. Immunity (a) No individual acting as an agent, guardian, or surrogate shall be subjected to criminal or civil liability for making a decision in good faith pursuant to the terms of an advance directive, or DNR order, or COLST order and the provisions of this chapter. (b)(1) No health care provider, health care […]
§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties
§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties (a) A health care provider, health care facility, residential care facility, funeral director, crematory operator, or cemetery official, or an employee of any of them having actual knowledge of an advance directive or an instruction of the principal, agent, or guardian is […]
§ 9715. Interpretation with other laws
§ 9715. Interpretation with other laws (a) The withholding or withdrawal of life sustaining treatment from a principal who has executed an advance directive limiting the provision of life sustaining treatment shall not be construed as a suicide. (b) Nothing in this chapter shall be construed to limit or abrogate an individual’s ability to create […]
§ 9716. Reciprocity; choice of law
§ 9716. Reciprocity; choice of law Nothing in this chapter limits the enforceability of an advance directive or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. To the extent possible under conflicts of law doctrine, an advance directive executed in Vermont shall be interpreted according […]
§ 9717. Presumption of validity
§ 9717. Presumption of validity An advance directive executed as provided in this chapter shall be presumed valid. No third party shall require an additional or different form of advance directive. A photocopy or facsimile of a duly executed original advance directive shall be relied upon to the same extent as the original. (Added 2005, […]