§ 9701. Definitions As used in this chapter: (1) “Advance directive” means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, an anatomical gift, disposition of remains, and funeral goods and […]
§ 9702. Advance directive (a) An adult may do any or all of the following in an advance directive: (1) except as provided in subsection (c) of this section, appoint one or more agents and alternate agents to whom authority to make health care decisions is delegated and specify the scope of such authority; (2) […]
§ 9703. Form and execution (a) An adult with capacity may execute an advance directive at any time. (b) The advance directive shall be dated, executed by the principal or by another individual in the principal’s presence at the principal’s express direction if the principal is physically unable to do so, and signed in the […]
§ 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 […]
§ 9705. Duty to deliver An individual possessing a duly executed advance directive to whom it becomes known that the terms of the advance directive may be applicable shall deliver the advance directive to the principal’s clinician, other health care provider, health care facility, or residential care facility, unless the individual knows that another copy […]
§ 9706. When advance directive becomes effective (a) An advance directive regarding health care shall become effective: (1) when a principal’s clinician: (A) determines, after speaking with an interested individual if one is reasonably available, that the principal lacks capacity, and makes specific findings regarding the cause, nature, and projected duration of the principal’s lack […]
§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions (a) A health care provider, health care facility, and residential care facility shall not provide health care to a patient without capacity, except on an emergency basis, without first attempting to determine whether the patient […]
§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST (a) As used in this section, “clinician” shall have the same meaning as in section 9701 of this title and shall also include a duly licensed medical doctor, osteopathic physician, advanced practice registered nurse […]
§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination (a) As used in this section, “DNR/COLST” shall mean do-not-resuscitate orders (DNR) and clinician orders for life sustaining treatment (COLST) as defined in section 9701 of this title. (b) Every health care provider, health care […]
§ 9710. Consent for hospice care (a) A family member of a patient or a person with a known close relationship to the patient may elect hospice care on behalf of the patient if the patient does not have an agent or guardian or the patient’s agent or guardian, or both, if applicable, are unavailable. […]
§ 9711. Authority and obligations of agent (a) When the requirements of subsection 9706(a) of this title are met, and subject to the provisions of this chapter, other applicable law, and any express instructions regarding the agent’s authority set forth in an advance directive or a court order, an agent shall have the authority to […]
§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains (a) An individual appointed to arrange for the disposition of the principal’s remains shall make those decisions based upon the principal’s specific instructions contained in an advance directive or pre-need contract […]
§ 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 (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 (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 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 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, […]
§ 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 (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 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, […]
