Vermont Statutes Title 14 Sec. 4016
Terms Used In Vermont Statutes Title 14 Sec. 4016
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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.
- Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Principal: means an individual who grants authority to an agent in a power of attorney. See
- Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See
§ 4016. Judicial relief
(a) The following persons may petition a court to construe a power of attorney or review the agent‘s conduct and grant appropriate relief:
(1) the principal or the agent;
(2) a guardian or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased principal;
(3) a person authorized to make health-care decisions for the principal;
(4) the principal’s spouse, parent, or descendant;
(5) an individual who would qualify as an heir of the principal under the laws of intestacy;
(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal who has a financial interest in the principal’s estate;
(7) a governmental agency having regulatory authority to protect the welfare of the principal;
(8) the principal’s caregiver or another person who demonstrates sufficient interest in the principal’s welfare; and
(9) a person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney. (Added 2023, No. 60, § 1, eff. July 1, 2023.)