Who Can Witness an Advance Directive in Vermont

Vermont's advance directive witness rules are stricter than most states, and getting them wrong can invalidate the entire document. Under 18 V.S.A. § 9703, you need two adult witnesses who meet specific eligibility criteria — and the list of who's disqualified is longer than you might expect.

Who Cannot Witness

The following people are prohibited from serving as witnesses to a Vermont advance directive:

• Your healthcare agent or any alternate agents named in the document
• Your spouse or reciprocal beneficiary
• Your parents, siblings, children, or grandchildren
• Anyone entitled to any portion of your estate — under a will, trust, or operation of law

That last category is the one that catches people. If a friend is named as a beneficiary in your will or trust, they cannot witness your advance directive. If a cousin would inherit from you under Vermont's intestacy rules (because you have no closer heirs), they're disqualified too.

Who Can Witness

Once you eliminate the disqualified categories, the eligible pool includes:

• Neighbors, friends, and coworkers who aren't named in your estate plan
• Healthcare providers currently treating you — Vermont specifically allows this, unlike states that prohibit medical staff from witnessing
• Notary publics and town clerks (though notarization isn't required)
• Church or community members
• Extended family members who are not legal heirs — an aunt, uncle, or cousin who wouldn't inherit from you

The practical implication: most people find their witnesses among neighbors, colleagues, or friends outside their immediate family and estate plan.

Remote Witnessing (Effective April 2024)

Vermont permanently enacted remote witnessing under H.469 / Act 88. This means one or both witnesses can participate without being physically present, which is particularly useful for rural Vermonters or people with mobility limitations.

Remote witnessing is valid if:

1. The principal and witness know each other (they don't need to be close friends, but they can't be strangers)
2. They communicate through a live, two-way audio-video connection or telephone call
3. The witness can attest that the principal appears to understand the document and is acting free of duress
4. The principal records the remote witness's name, contact information, and relationship directly on the face of the advance directive

Digital signatures that meet state standards — unique to the signer, under their sole control, verifiable, and linked to prevent tampering — are fully recognized for the principal, witnesses, and explainers.

The Explainer Requirement for Facility Residents

There's an additional layer if you're signing your advance directive while admitted to or residing in a hospital, nursing home, or residential care facility. Under 18 V.S.A. § 9703(d) and (e), the document is legally ineffective unless an authorized, independent explainer:

1. Explains the nature and effect of the advance directive to you
2. Signs a statement affirming that you appear to act willingly and free of duress

The explainer can deliver this explanation in person or remotely (audio-video or telephone). Authorized explainers include:

• A long-term care ombudsman
• A licensed Vermont attorney
• An ordained member of the clergy
• A probate court designee
• A designated hospital explainer or trained facility volunteer
• A licensed clinician — but only if they are not employed by the nursing home or care facility where you reside

This requirement exists to protect institutionalized individuals from coercion. If you're planning ahead, the simplest approach is to execute your advance directive while you're still living independently, before any hospital or care facility admission.

Why Witness Eligibility Matters More in Vermont

Vermont has no default surrogate decision-maker law. If your advance directive is later challenged and found invalid because of a witness defect, there's no statutory fallback. Your family can't step in and make decisions automatically — the hospital would need to petition the Probate Division for a guardianship, a process that takes weeks and costs thousands.

Getting the witnesses right isn't a technicality. It's the difference between your wishes being honored and your family being locked out of your care decisions entirely.

The Vermont Advance Directive & Living Will Kit includes a witness eligibility verification checklist that walks you through each disqualification category before you sign, plus guidance for setting up remote witnessing under the 2024 rules.

See more Vermont guides →