Vermont § 9721 - Remote witnesses and explainers through March 31, 2024

§ 9721. Remote witnesses and explainers through March 31, 2024

• (a) [Repealed.] (b)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between February 15,
  2020 and June 15, 2020 shall be deemed to be valid even if the principal signed the
  advance directive outside the physical presence of one or both of the required witnesses,
  provided all of the following conditions were met with respect to each remote witness: (A) the principal and the remote witness were known to each other; (B) the remote witness was informed about the role of a witness to the execution of an
  advance directive; and (C) the principal included on the advance directive the name and contact information for
  the witness. (2) An advance directive executed as set forth in subdivision (1) of this subsection shall
  be valid until June 30, 2021 unless amended, revoked, or suspended by the principal
  in accordance with this chapter prior to that date. (c)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between June 15, 2020
  and March 31, 2024 shall be deemed to be valid even if the principal signed the advance
  directive outside the physical presence of one or both of the required witnesses,
  provided all of the following conditions are met with respect to each remote witness: (A) the principal and the remote witness were known to each other; (B) based on video or telephonic communication between the principal and the remote witness,
  the remote witness attested that the principal seemed to understand the nature of
  the document and to be free from duress or undue influence at the time the advance
  directive was signed; and (C) the principal included on the advance directive the name and contact information for
  the remote witness and the nature of the principal’s relationship to the remote witness. (2) An advance directive executed as set forth in subdivision (1) of this subsection shall
  remain valid unless amended, revoked, or suspended by the principal in accordance
  with this chapter. (d)(1) Notwithstanding any provision of subsection 9703(d) or (e) of this title to the contrary,
  an advance directive executed by a principal between February 15, 2020 and March 31,
  2024 while the principal was being admitted to or was a resident of a nursing home
  or residential care facility or was being admitted to or was a patient in a hospital
  shall be deemed to be valid even if the individual who explained the nature and effect
  of the advance directive to the principal in accordance with subsection 9703(d) or
  (e) of this title, as applicable, was not physically present in the same location
  as the principal at the time of the explanation, provided the individual delivering
  the explanation was communicating with the principal by video or telephone. (2) An advance directive executed in accordance with this subsection shall remain valid
  as set forth in subsection (b) or (c) of this section, as applicable. (e) On and after April 1, 2024, advance directives shall only be executed in accordance
  with section 9703 of this chapter. (Added 2019, No. 107 (Adj. Sess.), § 1, eff. June 15, 2020; amended 2021, No. 6, § 10, eff. March 29, 2021; 2021, No. 85 (Adj. Sess.), § 7, eff. March 22, 2022; 2023, No. 4, § 5, eff. March 29, 2023; 2023, No. 88 (Adj. Sess.), § 4, eff. April 1, 2024.)