H.227, the Vermont Uniform Power of Attorney Act, 14 V.S.A. Chapter 127 — Effective July 1, 2023, as amended June 6, 2024

I.  Real Estate Power of Attorney

A. If executed after July 1, 2023, to be valid under Vermont law, a Real Estate Power of Attorney must:

1. Be in substantial compliance with the statutory form provided under 14 V.S.A. Sect. 4052 Vermont  Short Form Power of Attorney for Real Estate Transactions here; and
2. Be signed by the Principal; and
3. Be acknowledged by a Notary Public.

B. If executed prior to July 2, 2023, under 14 V.S.A. 3502(d), to be valid under Vermont law, a Real Estate Power of Attorney must:

1. Appoint an Agent and grant the Agent power to act on behalf of the Principal;
2. Explicitly provide that the Agent has authority to a conduct specific real property related transaction (e.g. sale, purchase, mortgage);
3. Specifically identify the property;
   1. Examples: By 911 address – 10 Main Street; By reference to Book and Page; By selling all of the Principal’s property – “Being all of the land I own in [Town/City].”
4. Explicitly state that the duration of the POA is no more than 90 days; and
5. Contain required statutory witness affirmation language;
   1. “I, ______ (witness) affirm that the principal appeared to be of sound mind and free from duress at the time the power of attorney was signed. The principal affirmed that they were aware of the nature of the document and signed it freely and voluntarily.”
6. Be witnessed (by one or more witnesses); and
7. Be acknowledged by a Notary Public [NOTE: The Notary and the witness may be the same person.

II. General Power of Attorney

A. If executed after July 1, 2023, to be valid under Vermont law, a general POA must:

1. Be in substantial compliance with the statutory form provided under 14 V.S.A. Sect. 4051 Statutory Form Power of Attorney here; and
2. Be signed by the Principal; and
3. Be acknowledged by a Notary Public.

B. If executed prior to July 1, 2023, to be valid under Vermont law, a general POA must:

1. Appoint an Agent and grant Agent power to act on behalf of the Principal;
2. Explicitly provide that the Agent has authority to convey real property;
3. Signed by the Principal;
4. Contain required statutory witness affirmation language;
   1. “I, ______ (witness) affirm that the principal appeared to be of sound mind and free from duress at the time the power of attorney was signed. The principal affirmed that they were aware of the nature of the document and signed it freely and voluntarily.”
5. Be witnessed (by one or more witnesses);
6. Be acknowledged by a Notary Public [NOTE: The Notary and the witness MUST be two different people]; and
7. Contain a signed acceptance of appointment by the Agent.