Act No. 88 Page 1 of 1
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 88 (H.469). An act relating to remote and electronic processes for executing an
advance directive
Subjects: Health; advance directives; Ulysses clause; remote witnesses and
explainers
This act makes permanent the ability to have one or both witnesses to a principal’s
signing of an advance directive be remote if certain conditions are met; remote
witnessing had previously been authorized only through March 31, 2024. A remote
witness may witness the principal’s signing through live, interactive, audio-video
connection or by telephone. The act also makes permanent the ability to have a remote
explanation from the neutral individual who must explain the nature and effect of an
advance directive to a principal who is in or is being admitted to a hospital or long-term
care facility; that individual may explain through live, interactive, audio-video connection
or by telephone. The act provides additional in-person and remote witnessing provisions
for execution of a so-called “Ulysses clause” in an advance directive. A Ulysses clause is
an optional provision, already allowed under Vermont law, through which a principal can
allow a specifically named agent to authorize or withhold health care over the principal’s
objection in the event that the principal lacks capacity. The act also includes transitional
provisions related to the previous statutory authority for remote witnesses and explainers
and allows all of the parties involved in the execution of an advance directive to use a
digital signature.
Effective Date: April 1, 2024
VT LEG #377403 v.2


Statutes affected:
As Passed By the House -- Official: 18-9701, 18-9703, 18-9707(h), 18-9707, 18-9721
As Passed By the House -- Unofficial: 18-9701, 18-9703, 18-9707(h), 18-9707, 18-9721
As Passed by Both House and Senate -- Official: 18-9701, 18-9703, 18-9707(h), 18-9707, 18-9721
As Passed by Both House and Senate -- Unofficial: 18-9701, 18-9703, 18-9707(h), 18-9707, 18-9721
As Enacted: 18-9701, 18-9703, 18-9707(h), 18-9707, 18-9721