Vermont Advance Directive Form: Which Form to Use and How to Fill It Out

There is no single, state-mandated advance directive form in Vermont. Under 18 V.S.A. § 9703, a written document that contains the required information and meets the statutory execution requirements can be legally valid — you are not limited to a single state-mandated template.

That said, most Vermonters use one of the forms published by the Vermont Ethics Network (VEN), and for good reason: they're structured to capture the specific decisions Vermont law allows you to make, and they're formatted for direct upload to the state's advance directive registry.

The Two Main VEN Forms

Short Form: Covers healthcare agent appointment and basic treatment preferences. This is what most healthy adults completing their first advance directive should use. It lets you name a primary agent, one or two alternates, and record your general wishes about life-sustaining treatment.

Long Form: Includes everything in the Short Form plus additional sections for mental health and psychiatric care preferences. If you have a history of mental health treatment and want to document preferences about psychiatric medications, hospitalization, or electroconvulsive therapy during a future period of incapacity, this is the form to use.

Both forms are available for free from the Vermont Ethics Network website. National template services like eForms or LegalTemplates also offer Vermont-specific versions, though these often miss Vermont-specific details like the COLST distinction and VADR registration process.

Step-by-Step Execution

1. Fill out your treatment preferences. Be specific. Rather than checking a box that says "no life-sustaining treatment," spell out your wishes for each scenario: terminal illness with no chance of recovery, permanent vegetative state, advanced dementia, and temporary incapacity with reasonable recovery prospects. The more specific you are, the less your agent has to guess.

2. Name your healthcare agent. Choose someone who will actually honor your wishes under pressure — not necessarily your closest family member. Name at least one alternate in case your primary agent is unavailable or unwilling to serve.

3. Gather two qualified witnesses. Both must be 18 or older. Neither can be your spouse or reciprocal beneficiary, your healthcare agent or alternate agent, your parents, siblings, children, grandchildren, or anyone who would inherit from your estate. Neighbors, friends, coworkers, and healthcare providers are all eligible.

4. Sign in front of both witnesses. The principal signs (or, if physically unable, directs another individual to sign in the principal's presence), and all sign and date the document. Since April 2024, one or both witnesses can participate remotely through a live, interactive audio-video or telephone connection if the principal and witness know each other; each remote witness must attest that the principal appears to understand the document and is free from duress, and you must record the witness's name, contact information, and relationship to you on the face of the document.

5. No notary required. Vermont does not require notarization for a healthcare advance directive. This is a common point of confusion because financial powers of attorney executed after July 1, 2023, do require notarization under the 2023 Uniform POA Act.

Register with the VADR

The Vermont Advance Directive Registry (VADR) is a free, secure database maintained by the Vermont Ethics Network and Vermont Department of Health. Registration is optional but strongly recommended.

To register, create an online account through the VADR User Upload portal and upload a PDF copy of your signed directive. Alternatively, mail, fax, or email a copy along with the VADR Combined Registration Agreement & Change Form to VEN in Montpelier.

Vermont hospitals must query this database when admitting a patient who lacks decision-making capacity. If your directive is on file, staff can access your wishes rather than waiting for a family member to produce a paper copy.

Common Mistakes to Avoid

• Using a disqualified witness. Your adult child who stands to inherit is the most common disqualified-witness mistake. If either witness is ineligible, do not rely on the directive as properly executed; re-execute it with qualified witnesses.
• Forgetting the explainer requirement. If you execute the directive while being admitted to a hospital, nursing home, or residential care facility, or while a resident or patient in one of those facilities, it's legally ineffective unless an authorized explainer (ombudsman, recognized clergy member, Vermont attorney, Probate Division designee, designated hospital explainer, or, in a nursing-home or residential-care setting, a trained facility volunteer or qualifying clinician not employed by the facility) explains the document to you and signs an affirmation statement.
• Confusing it with a COLST. Your advance directive is not actionable by emergency first responders. If you want to prevent CPR or intubation in an emergency, you need a separate COLST form signed by your clinician.

The Vermont Advance Directive & Living Will Kit includes a witness eligibility verification tool and step-by-step VADR registration guide to ensure your document is executed correctly the first time.

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