Vermont § 4009 - When power of attorney effective

§ 4009. When power of attorney effective

• (a) A power of attorney is effective when executed unless the principal provides in the
  power of attorney that it becomes effective at a future date or upon the occurrence
  of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or
  contingency, the principal, in the power of attorney, may authorize one or more persons
  to determine in a writing or other record that the event or contingency has occurred. (c) If a power of attorney becomes effective upon the principal’s incapacity or unavailability
  and the principal has not authorized a person to determine whether the principal is
  incapacitated or unavailable, or the person authorized is unable or unwilling to make
  the determination, the power of attorney becomes effective upon a determination in
  a writing or other record by: (1) a licensed health care professional working within the professional’s scope of practice,
  including a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 and a psychologist
  licensed pursuant to 26 V.S.A. chapter 55, that the principal is incapacitated within
  the meaning of subdivision 4002(7)(A) of this chapter; or (2) an attorney at law, a judge, or an appropriate governmental official that the principal
  is unavailable within the meaning of 4002(7)(B) of this chapter. (d) A person authorized by the principal in the power of attorney to determine that the
  principal is incapacitated or unavailable may act as the principal’s personal representative
  pursuant to the Health Insurance Portability and Accountability Act; Sections 1171
  through 1179 of the Social Security Act; 42 U.S.C. § 1320d, as amended; and applicable regulations to obtain access to the principal’s health-care
  information and communicate with the principal’s health-care provider. (Added 2023, No. 60, § 1, eff. July 1, 2023.)