According to Vermont Law, an adult may prepare a written statement known as an Advance Directive to control the health care treatment decisions that can be made on that person behalf
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You are free to complete either or both of a Health Care Power of Attorney and Living Will Declaration. Health care power of attorney appoints an agents to make health care decisions for a principal. |
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According to Vermont law, you have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you.
The Vermont Advance Health Care Directive means a written record which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, and an anatomical gift, disposition of remains, and funeral goods and services. The term includes documents designated under prior law as a durable power of attorney for health care or a terminal care document. A new Advance Health Care Directive replaces the two existing forms: the Living Will and the Durable Power of attorney. It consists of four parts:
Two witnesses You must sign and date this form in the presence of two witnesses. Your witness MUST NOT be:
After your Advance Health Care directive is signed and acknowledged you should give a copy of the form to your agent(s), to your physician (hospital), and to your family or friends, or to keep it in a place accessible to your relatives in case of need. Revocation If you later decide to revoke the Directive, all old copies must be destroyed. Agent Your agent shall have the authority to make any health care decisions on the principal's behalf that the principal could make if the principal had capacity. Unless otherwise specified in an advance directive, an agent or guardian shall have the same rights a principal with capacity would have to:
When your advance directive comes into effect: An advance directive regarding health care shall become effective:
Upon a determination of need by the principal's clinician, or upon the request of the principal, agent, guardian, ombudsman, health care provider, or any interested individual, the principal's clinician, another clinician, or a clinician's designee shall reexamine the principal to determine whether the principal has capacity. The clinician shall document the results of the reexamination in the principal's medical record and shall make reasonable efforts to notify the principal and the agent or guardian, as well as the individual who initiated the new determination of capacity, of the results of the reexamination, if providing such notice is consistent with the requirements of HIPAA. An advance directive regarding disposition of the principal's remains shall become effective upon the death of the principal. When a medical provider may refuse to follow advance directive: A medical provider may refuse to follow an advance directive if it will cause the practitioner to violate criminal law or professional standards; or if they have moral, ethical or other conflicts. If such conflict arises, health care practitioners may have professional obligations to continue to provide care until another provider is found. Advanced directives executed after a patient is admitted to the hospital must be accompanied by a statement that the nature and effect of the advance directive has been explained to the patient. This statement can be from ombudsman, member of clergy, attorney licensed to practice in Vermont, probate court designee, or hospital designee. Doctors and other health care providers may not provide or withhold medical care over a patient’s objection, unless exceptions apply. These exceptions are:
The Vermont Advance Directive Registry (VADR) is a secure, web-based database to which individuals may submit, at no charge, an advance directive or an Advance Directive Locator (information regarding the location of an advance directive), and other documents which amend, suspend, or revoke an advance directive. VADR is a voluntary database. Registrants who voluntarily use the VADR system have a responsibility to keep the VADR system informed and updated about any changes to their Advance Directive. The Vermont Advance Directive Registry located at: Vermont Advance Directive Registry c/o USLWR 523 Westfield Ave., P.O. Box 2789 Westfield, NJ 07091-2789 Phone: 1-800-548-9455 Fax: 1-908-654-1919 You should talk with your family, your health-care professional, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change the Vermont Advance Health Care Directive in the future, remember to tell these same people about the change or cancellation. Do not sign this document unless you clearly understand it. It is suggested that you keep the original of the Vermont Advance Health Care Directive on file with your physician and family members. If there is something you do not understand about Vermont Advance Health Care Directive you should consult an attorney. |
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