What law applies when a patient with a Vermont advance directive is being treated in another state?
Conflict of laws doctrine will determine which law applies to patients with Vermont ADs receiving care in other states. The new Vermont AD statute provides that ADs will be interpreted under Vermont law to the extent possible. Are the old standard Vermont documents — terminal care documents (living wills) and durable powers of attorney for health care — still valid? Yes, if the document was signed before September 1, 2005 and met the formal requirements in effect when prepared (including being signed, dated, and witnessed). Health care providers may rely on these older documents to provide guidance and to authorize agents to make health care decisions for patients.
