Power of Attorney Acceptance and Refusal Rules in Vermont

At a glance

Requirements one by one

Covered power and response

Chapter 127 excludes health-care powers, entity voting delegations, government-purpose forms, powers coupled with an interest and the specified reciprocal-insurer power (§ 4003). For the response provisions, “acknowledged” means purportedly verified before a notary or another authorized acknowledger (§ 4019(a)). Subject to § 4020(b), a person must accept the presented power or request permitted material no later than 7 business days after presentation (§ 4020(a)(1)).

Supporting requests and later response

The recipient may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the request reason in a writing or other record (§ 4019(d)). Vermont specifies eight statements for the certification, including the agent’s identity, any successor-agent trigger, the principal’s life and competence, effectiveness events, and the agent’s good faith (§ 4019(e)). A translation or opinion is at the principal’s expense unless requested more than 7 business days after presentation (§ 4019(f)). Acceptance generally follows within 5 business days after the material arrives, subject to the refusal grounds (§ 4020(a)(2), (b)).

Refusal and remedy

Exceptions include a transaction the person need not make with the principal, inconsistency with federal or state law, actual knowledge of termination, refused proof, a good-faith concern about validity or authority, and a specified report to adult protective services or law enforcement (§ 4020(b)). A person refusing in violation of the section is subject to an acceptance order and reasonable attorney’s fees and costs in the specified proceeding (§ 4020(c)).

What trips people up

A recipient may not demand an additional or different form for authority already granted (§ 4020(a)(3)). Inconsistent other law applicable to a financial institution or entity controls (§ 4022).

Common questions

Must a refusal be explained in writing? Section 4020 states no general written-rejection notice. A counsel-opinion request must give its reason in a writing or other record (§ 4019(d)(3)).

Does the agent’s certification have to say more than “I am the agent”? Yes. Section 4019(e) lists eight statements, including whether any successor-agent trigger has occurred and whether the agent knows of revocation, termination, limitation or modification.

Statutes and sources

Current Vermont Legislature statutes, accessed October 4, 2026.

14 V.S.A. § 4003. “This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) a power to make health-care decisions; (3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; (4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; and (5) a power of reciprocal insurers under 8 V.S.A. § 4838. (Added 2023, No. 60, § 1, eff. July 1, 2023.)” Official statute (accessed October 4, 2026).

14 V.S.A. § 4019. “(a) As used in this section and section 4020 of this title, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 4005 of this title that the signature is genuine. (c) A person who effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated; that the purported agent’s authority is void, invalid, or terminated; or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect; the agent’s authority were genuine, valid, and still in effect; and the agent had not exceeded and has properly exercised the authority. (d) A person who is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation: (1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; or (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (e) A certification presented pursuant to subsection (d) of this section shall state that: (1) the person presenting themselves as the agent and signing the affidavit or declaration is the person so named in the power of attorney; (2) if the agent is named in the power of attorney as a successor agent, the circumstances or conditions stated in the power of attorney that would cause that person to become the acting agent have occurred; (3) to the best of the agent’s knowledge, the principal is still alive; (4) to the best of the agent’s knowledge, at the time the power of attorney was signed, the principal was competent to execute the document and was not under undue influence to sign the document; (5) all events necessary to making the power of attorney effective have occurred; (6) the agent does not have actual knowledge of the revocation, termination, limitation, or modification of the power of attorney or of the agent’s authority; (7) if the agent was married to or in a state-registered domestic partnership with the principal at the time of execution of the power of attorney, then at the time of signing the affidavit or declaration, the marriage or state-registered domestic partnership of the principal and the agent has not been dissolved or declared invalid, and no action is pending for the dissolution of the marriage or domestic partnership for legal separation; and (8) the agent is acting in good faith pursuant to the authority given under the power of attorney. (f) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (g) For purposes of this section and section 4020 of this title, a person who conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. (Added 2023, No. 60, § 1, eff. July 1, 2023.)” Official statute (accessed October 4, 2026).

14 V.S.A. § 4020. “(a) Except as otherwise provided in subsection (b) of this section: (1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection 4019(d) of this title not later than seven business days after presentation of the power of attorney for acceptance; (2) if a person requests a certification, a translation, or an opinion of counsel under subsection 4019(d) of this title, the person shall accept the power of attorney not later than five business days after receipt of the certification, translation, or opinion of counsel; and (3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (b) A person is not required to accept an acknowledged power of attorney if: (1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal or state law; (3) the person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power; (4) a request for a certification, a translation, or an opinion of counsel under subsection 4019(d) of this title is refused; (5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection 4019(d) of this title has been requested or provided; or (6) the person makes, or has actual knowledge that another person has made, a report to the Adult Protective Services program or other appropriate entity within the Department of Disabilities, Aging, and Independent Living or to a law enforcement agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (c) A person who refuses in violation of this section to accept an acknowledged power of attorney is subject to: (1) a court order mandating acceptance of the power of attorney; and (2) liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. (Added 2023, No. 60, § 1, eff. July 1, 2023; amended 2023, No. 161 (Adj. Sess.), § 14, eff. June 6, 2024.)” Official statute (accessed October 4, 2026).

14 V.S.A. § 4022. “This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. (Added 2023, No. 60, § 1, eff. July 1, 2023.)” Official statute (accessed October 4, 2026).