Vermont Statutes Title 18 Sec. 9704
Terms Used In Vermont Statutes Title 18 Sec. 9704
- Advance directive: means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, an anatomical gift, disposition of remains, and funeral goods and services. See
- Agent: means an adult with capacity to whom authority to make health care decisions is delegated under an advance directive, including an alternate agent if the agent is not reasonably available. See
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
- Clinician: means a medical doctor licensed to practice under 26 Vt. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by the Probate Division of the Superior Court who has the authority to make medical decisions pursuant to 14 V. See
- Health care: means any treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including services provided pursuant to a clinician's order, and services to assist in activities of daily living provided by a health care provider or in a health care facility or residential care facility. See
- Interested individual: means :
- Person: means any individual, company, corporation, association, partnership, the U. See
- Principal: means an adult who has executed an advance directive. See
- Registry: means a secure, web-based database created by the Commissioner to which individuals may submit an advance directive or information regarding the location of an advance directive that is accessible to principals and agents and, as needed, to individuals appointed to arrange for the disposition of remains, procurement organizations, health care providers, health care facilities, residential care facilities, funeral directors, crematory operators, cemetery officials, Probate Division of the Superior Court officials, and the employees thereof. See
- Residential care facility: means a residential care home or an assisted living residence as those terms are defined in 33 V. See
- Suspend: means to terminate the applicability of all or part of an advance directive for a specific period of time or while a specific condition exists. See
§ 9704. Amendment, suspension, and revocation
(a)(1) A principal with capacity may amend, suspend, or revoke an advance directive or any specific instruction in an advance directive by executing a new advance directive or instruction pursuant to section 9703 of this title.
(2) A provision in a subsequently executed advance directive amends an earlier provision in an advance directive to the extent of any conflict between them.
(b)(1) Except as provided in subdivision (3) of this subsection, a principal with or without capacity may suspend or revoke all or part of an advance directive, including the designation of an agent:
(A) by signing a statement suspending or revoking all or part of an advance directive;
(B) by personally informing the principal’s clinician, who shall make a written record of the suspension or revocation in the principal’s medical record; or
(C) by burning, tearing, or obliterating the advance directive, either by the principal personally or by another person at the principal’s express direction and in the presence of the principal.
(2) Except as provided in subdivision (3) of this subsection, a principal with or without capacity may suspend or revoke any provision other than the designation of an agent, orally, in writing, or by any other act evidencing a specific intent to suspend or revoke.
(3) A provision in an advance directive executed pursuant to subsection 9707(h) of this title may be suspended or revoked only if the principal has capacity.
(4) To the extent possible, the principal shall communicate any suspension or revocation to the agent or other interested individual.
(c)(1) A clinician, health care provider, health care facility, or residential care facility who becomes aware of an amendment, suspension, or revocation while treating an incapacitated principal shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) record the amendment, suspension, or revocation in the principal’s medical record;
(C) flag the amendment, suspension, or revocation in the principal’s medical record on the front of the medical folder or on the front of any advance directive filed in the medical record;
(D) notify the principal, agent, and guardian of the amendment, suspension, or revocation; and
(E) inform the registry of the amendment, suspension, or revocation.
(2) A clinician, health care provider, health care facility, or residential care facility who becomes aware of an amendment, suspension, or revocation while treating a principal with capacity shall comply with the following requirements:
(A) satisfy the requirements of subdivisions (1)(A), (B), and (C) of this subsection (c); and
(B) on request, assist the principal in notifying agents, guardians, interested individuals, and the registry.
(3) A health care provider, health care facility, or residential care facility not currently providing health or residential care to a principal who becomes aware of an amendment, suspension, or revocation shall ensure that the amendment, suspension, or revocation is recorded and flagged in the principal’s medical record and is submitted to the registry.
(4) An agent or guardian who becomes aware of an amendment, suspension, or revocation shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) ensure that the amendment, suspension, or revocation is recorded in the principal’s medical record; and
(C) provide notice of the amendment, suspension, or revocation to:
(i) the principal’s clinician, health care provider, health care facility, or residential care facility;
(ii) any person designated in the advance directive to receive such notice;
(iii) any entity or individual known to hold a copy of the principal’s advance directive; and
(iv) the registry, if the principal’s advance directive has been submitted to the registry.
(d)(1) The filing of an action or motion for annulment, divorce, dissolution of a civil union, legal separation, or an order for relief from abuse under 15 Vt. Stat. Ann. chapter 21 or 33 Vt. Stat. Ann. chapter 69, subchapter 2 by, on behalf of, or against the principal suspends a previous designation of the spouse or other party opposing the principal in the action as agent unless otherwise specified in the advance directive, decree, or order of the court.
(2) A designation of agent suspended under subdivision (1) of this subsection shall no longer be in effect, and the agent shall be reinstated, upon the withdrawal of the action or motion for annulment, divorce, dissolution of civil union, legal separation, or order for relief from abuse, or upon the expiration of a temporary order for relief from abuse.
(3) A designation of agent suspended under subdivision (1) of this subsection shall become permanent when the annulment, divorce, dissolution of civil union, or legal separation becomes final, or when the motion for relief from abuse is granted.
(e) Unless otherwise provided for in an advance directive, each provision of an advance directive is severable from the other provisions in an advance directive if it can be given effect independently. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 334.)