How to Revoke an Advance Directive in Vermont

You can revoke or modify your Vermont advance directive at any time, as long as you still have decision-making capacity. There's no waiting period, no court filing, and no need to involve the people named in the original document. 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 automatically supersedes any prior version. 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 recognizes oral revocation in the presence of witnesses. If you verbally state that you revoke your advance directive in front of others, it's legally effective. The challenge is documentation — an oral revocation can be disputed later, so a written revocation or replacement directive is far more reliable.

Physical destruction. Destroying the original document (tearing it up, shredding it) can constitute revocation, but this only works if you have all copies. Given that copies may exist with your healthcare agent, your doctor's office, the VADR, and family members, physical destruction alone is not a complete revocation 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.

Submit the VADR Authorization to Change Form along with either your new directive or a written revocation statement. You can upload through the online portal, or send by mail, fax, or email to the Vermont Ethics Network in Montpelier.

Until the registry is updated, a hospital checking the VADR will pull your old directive and treat it as your current wishes. 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 execute an amendment. 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 right to revoke depends on capacity. Once a person loses decision-making capacity — through dementia progression, brain injury, or other causes — they can no longer legally revoke or modify their advance directive. 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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