How to Revoke an Advance Directive in Vermont

You can amend your Vermont advance directive while you have decision-making capacity, and Vermont law also provides several ways to suspend or revoke all or part of it. There's no waiting period or court filing, but you should update the registry and notify people who hold copies. The process is straightforward, but there are several steps beyond simply tearing up the old document.

Methods of Revocation

Vermont law recognizes multiple ways to revoke an advance directive:

Execute a new advance directive. The most common approach. A properly signed and witnessed new directive amends conflicting provisions in an earlier directive. Date it clearly so there's no ambiguity about which document is current.

Written revocation. You can write a separate statement revoking the prior directive. This should identify the document being revoked (by date, if possible) and be signed and dated. While witnesses aren't strictly required for a written revocation, having one or two witnesses sign provides evidence that you acted with capacity and without coercion.

Oral revocation. Vermont permits oral revocation of a provision other than the designation of an agent, or another act evidencing a specific intent to revoke. A verbal statement can be disputed later, so a written revocation or replacement directive is far more reliable.

Physical destruction. Burning, tearing, or obliterating the directive can constitute revocation, but copies may still exist with your healthcare agent, your doctor's office, the VADR, and family members. Physical destruction alone is therefore not a complete communication strategy.

Update the VADR

If your advance directive is registered with the Vermont Advance Directive Registry, submitting a new form is critical. The VADR doesn't automatically know you've revoked your prior directive.

For a new directive, upload the PDF through the online portal. For a written revocation, send the written statement and VADR Authorization to Change Form by mail, fax, or email to the Vermont Ethics Network in Montpelier.

Until the registry is updated, a hospital checking the VADR can retrieve your old directive. This is the most commonly missed step in the revocation process.

Notify Everyone Who Has a Copy

Revocation isn't just a legal act — it's a communication task. Notify:

• Your previously appointed healthcare agent (and alternates)
• Your primary care physician and any specialists who have a copy on file
• The hospital or health system where you receive care
• Any family members who were given copies
• Your attorney, if one helped draft the original

A simple written notification works: "I have revoked my advance directive dated [date] and replaced it with a new directive dated [date]. Please destroy any copies of the prior document and replace them with the attached."

Partial Modifications

You don't have to revoke the entire directive to make changes. If you want to change your healthcare agent but keep your treatment preferences, or update one specific instruction, you can use a written statement or execute a new directive as the law allows. The safest approach is to execute an entirely new directive that incorporates all your current wishes — amendments to existing documents can create confusion about which provisions are still in effect.

When Revocation Becomes Impossible

The ability to execute a new directive or modify instructions through a new signed document depends on capacity. Once a person loses decision-making capacity — through dementia progression, brain injury, or other causes — Vermont law still permits certain suspensions or revocations, but a new directive cannot be executed to rewrite the plan. The most recently executed valid directive controls.

This is why periodic review matters. Life circumstances change — marriages, divorces, deaths of named agents, evolving medical conditions, shifting treatment preferences. Reviewing and re-executing your directive every few years (or after any major life event) ensures it still reflects your actual wishes.

The Vermont Advance Directive & Living Will Kit includes VADR update instructions and a notification template to ensure every copy-holder receives your current document when you make changes.

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