Using this form, the principal can allow the agent to make their after-life decisions. For example, the agent can have the responsibility of handling the principal’s funeral arrangements. This process includes choosing the location of services, notifying the public of the principal’s death, and picking out flowers. The agent must decide whether or not to gift the principal’s organs and/or tissue to education, research, therapy, or transplantation. If they do not gift the principal’s body, they must choose how to dispose of it (i.e., cremation, burial, freezing, etc.).
A third party must read and explain the advance directive to a principal who plans to live or currently resides in a nursing home or residential facility. After providing the principal with an explanation of the form, they must also sign it (§ 9703(d)). This person must be considered one of the following:
- An ombudsman;
- A clergy member;
- A Vermont-licensed attorney;
- An individual appointed by the Probate Division of the Superior Court or by a hospital;
- A mental health patient representative;
- An unpaid volunteer at the nursing home or residential care facility who can explain the purpose of the medical power of attorney; or
- A clinician (who is not currently employed by the nursing home or residential care facility).
Laws: § 18-231
Signing requirements (§ 9703): Must be signed by the principal (or an elected representative) in the presence of at least two (2) witnesses (who must also sign).