§ 9702. Advance directive
§ 9703. Form and execution
§ 9704. Amendment, suspension, and revocation
§ 9705. Duty to deliver
§ 9706. When advance directive becomes effective
§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions
§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST
§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination
§ 9710. Consent for hospice care
§ 9711. Authority and obligations of agent
§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal's remains
§ 9713. Immunity
§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties
§ 9715. Interpretation with other laws
§ 9716. Reciprocity; choice of law
§ 9717. Presumption of validity
§ 9718. Petition for review by the Probate Division of the Superior Court
§ 9719. Obligations of State agencies
§ 9720. Severability
§ 9721. Advance directives; COVID-19 state of emergency; remote witnesses and explainers

Terms Used In Vermont Statutes > Title 18 > Chapter 231 > Subchapter 1 - Advance Directives and Disposition of Remains

  • 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
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Agency of Human Services, unless the context requires otherwise. 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Board: means the Board established in chapter 220 of this title. See
  • 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 V. See
  • COLST: means a clinician's order or orders for treatment such as intubation, mechanical ventilation, transfer to hospital, antibiotics, artificially administered nutrition, or another medical intervention. See
  • Commissioner: means the Commissioner of Health or the Commissioner's designee. See
  • Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
  • Commissioner: means the Commissioner of Health. See
  • Commissioner: means the Commissioner of Health. See
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Department: means the Department of Health. See
  • Department: means the Department of Disabilities, Aging, and Independent Living. See
  • Department: means the Department of Health, unless the context requires otherwise. See
  • Dependent: A person dependent for support upon another.
  • DNR identification: means a necklace, bracelet, or anklet identifying the patient as an individual who has a DNR order. See
  • DNR order: means a written order of the patient's clinician directing health care providers not to attempt resuscitation. See
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Guardianship: means the legal status of a person with developmental disabilities who is subject to the Commissioner's exercise of some or all of the powers listed in section 9310 of this title. 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
  • Health care decision: means consent, refusal to consent, or withdrawal of consent to any health care. See
  • HIPAA: means the Health Insurance Portability and Accountability Act of 1996, codified at 42 U. See
  • Informed consent: means the consent given voluntarily by an individual with capacity, on his or her own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care. See
  • Interested individual: means :

  • Interested person: means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Life sustaining treatment: means any medical intervention, including nutrition and hydration administered by medical means and antibiotics, which is intended to extend life and without which the principal or patient is likely to die. See
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litigation Settlement Fund: means the Vermont Tobacco Litigation Settlement Fund established by 32 V. See
  • Mental health patient representative: means the mental health patient representative established by section 7253 of this title. See
  • Nutrition and hydration administered by medical means: means the provision of food and water by means other than the natural ingestion of food or fluids by eating or drinking. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ombudsman: means :

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Palliative care: means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. See
  • Permit: means any permit or license issued pursuant to this title. See
  • Person: means any individual, company, corporation, association, partnership, the U. See
  • Person with developmental disabilities: means :

  • 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 adult who has executed an advance directive. See
  • Probate: Proving a will
  • Probate Division of the Superior Court designee: means a responsible, knowledgeable individual independent of a health care facility designated by the Probate Division of the Superior Court in the district where the principal resides or the county where the facility is located. See
  • Program: means the Vermont tobacco prevention and treatment program established under this chapter. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a principal's health care needs, and willing and able to act in a timely manner considering the urgency of the principal's health care needs. 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
  • Respondent: means a person who is the subject of a petition filed pursuant to section 9305 of this title. See
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • resuscitation: includes chest compressions and mask ventilation; intubation and ventilation; defibrillation or cardioversion; and emergency cardiac medications provided according to the guidelines of the American Heart Association's Cardiac Life Support program. See
  • Secretary: means the Secretary of Human Services. See
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Surrogate: means an interested individual who provides or withholds, pursuant to subchapter 2 of this chapter, informed consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment. 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
  • Trust Fund: means the Tobacco Trust Fund established by this chapter. See