reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3415. Delegation of management and investment functions

§ 3415. Delegation of management and investment functions
(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3) periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this chapter. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3416. Release or modification of restrictions on management, investment, or purpose

§ 3416. Release or modification of restrictions on management, investment, or purpose
(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.
(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or in part, if:
(1) the institutional fund subject to the restriction has a total value of less than $50,000.00;
(2) more than 20 years have elapsed since the fund was established; and
(3) the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3417. Reviewing compliance

§ 3417. Reviewing compliance
Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3418. Application to existing institutional funds

§ 3418. Application to existing institutional funds
This chapter applies to institutional funds existing on or established after the May 5, 2019. As applied to institutional funds existing on May 5, 2009, this chapter governs only decisions made or actions taken on or after that date. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3419. Relation to electronic signatures in Global and National Commerce Act

§ 3419. Relation to electronic signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103 of that act, 15 U.S.C. § 7003. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 120 - Uniform Prudent Management of Institutional Funds Act › § 3420. Uniformity of application and construction

§ 3420. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2009, No. 9, § 2, eff. May 5, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 123 - Powers of Attorney [Repealed] › § 3501. Definitions

§ 3501. Definitions
As used in this subchapter:
(1) “Accounting” means a written statement itemizing transactions taken by an agent pursuant to authority granted by a principal under a power of attorney.
(2) “Agent” means a person named by a principal in a written power of attorney to act on the principal’s behalf, and is synonymous with the term “attorney-in-fact”.
(3) “Commercial transaction” means any transaction entered into on behalf of the principal for commercial or business purposes and not primarily for personal, family, or household purposes.
(4) “Compensation” means payment to the agent from assets of the principal for services rendered by the agent.
(5) “Disability or incapacity of the principal” means a physical or mental condition which prevents the principal from directing the actions of the agent and would, under common law principles of agency, cause a power of attorney previously executed by the principal to terminate.
(6) “Durable power of attorney” means a written power of attorney in which the authority of the agent does not terminate in the event of the disability or incapacity of the principal.
(7) “Gift” means any transfer of anything of value for which consideration of less than fair market value is received.
(8) “Power of attorney” means a written document by which a principal designates an agent to act in his or her behalf.
(9) “Principal” means a person who executes a power of attorney designating one or more agents to act on his or her behalf.
(10) “Revocation” means the cancellation by a principal of the authority previously given by the principal to an agent.
(11) “Self-dealing” means any transaction, including transfer of property of a principal to an agent, that directly or indirectly benefits the agent or the immediate family of the agent, regardless of whether the agent has provided consideration for the transaction.
(12) “Termination” means any occurrence or event, including revocation, which, under this subchapter, causes the authority previously given by a principal to an agent to cease.
(13) “Terms of the power of attorney” means the specific language contained in a power of attorney.
(14) “Third party” means any person that acts on a request from, contracts with, or otherwise deals with an agent pursuant to authority granted by a principal in a power of attorney. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3551. Short title

§ 3551. Short title
This chapter may be cited as the Vermont Revised Uniform Fiduciary Access to Digital Assets Act. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3553. Applicability

§ 3553. Applicability
(a) This chapter applies to:
(1) a fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017;
(2) a personal representative acting for a decedent who died before, on, or after July 1, 2017;
(3) a guardianship proceeding commenced before, on, or after July 1, 2017; and
(4) a trustee acting under a trust created before, on, or after July 1, 2017.
(b) This chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user’s death.
(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3554. User direction for disclosure of digital assets

§ 3554. User direction for disclosure of digital assets
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
(c) A user’s direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3555. Terms-of-service agreement

§ 3555. Terms-of-service agreement
(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 3554 of this title. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3556. Procedure for disclosing digital assets

§ 3556. Procedure for disclosing digital assets
(a) When disclosing digital assets of a user under this chapter, the custodian may in its sole discretion:
(1) grant a fiduciary or designated recipient full access to the user’s account;
(2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) a subset limited by date of the user’s digital assets;
(2) all of the user’s digital assets to the fiduciary or designated recipient;
(3) none of the user’s digital assets; or
(4) all of the user’s digital assets to the court for review in camera. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3557. Disclosures of content of electronic communications of deceased user

§ 3557. Disclosures of content of electronic communications of deceased user
If a deceased user consented, or if a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the certificate of appointment of a fiduciary;
(4) unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (5);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3558. Disclosure of other digital assets of deceased user

§ 3558. Disclosure of other digital assets of deceased user
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user, and digital assets of the user other than the content of electronic communications, if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the certificate of appointment of fiduciary; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(D) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (4); or
(ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3559. Disclosure of content of electronic communications of principal

§ 3559. Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or the court, a custodian shall disclose the content of the electronic communication to the agent if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(B) evidence linking the account to the principal. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3560. Disclosure of other digital assets of principal

§ 3560. Disclosure of other digital assets of principal
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal, and digital assets of the principal other than the content of electronic communications, if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(B) evidence linking the account to the principal. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3561. Disclosure of digital assets held in trust when trustee is original user

§ 3561. Disclosure of digital assets held in trust when trustee is original user
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3562. Disclosure of contents of electronic communications held in trust when trustee not original user

§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust, if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 14A V.S.A. § 1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3563. Disclosure of other digital assets held in trust when trustee not original user

§ 3563. Disclosure of other digital assets held in trust when trustee not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust, and any digital assets other than the content of electronic communications in which the trust has a right or interest, if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 14A V.S.A. § 1013;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3564. Disclosure of digital assets to guardian of person under guardianship

§ 3564. Disclosure of digital assets to guardian of person under guardianship
(a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the guardian gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the guardian authority over the digital assets of the person under guardianship; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person under guardianship; or
(B) evidence linking the account to the person under guardianship.
(c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person’s property. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3565. Fiduciary duty and authority

§ 3565. Fiduciary duty and authority
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(1) is subject to the applicable terms of service, except as otherwise provided in section 3554 of this title;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(4) shall not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, person under guardianship, principal, or settlor has the right to access any digital asset in which the decedent, person under guardianship, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, person under guardianship, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.
(e) A fiduciary with authority over the tangible, personal property of a decedent, person under guardianship, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user;
(2) a certified copy of the certificate of appointment of fiduciary, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (3). (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3566. Custodian compliance and immunity

§ 3566. Custodian compliance and immunity
(a) Not later than 60 days after receipt of the information required by sections 3557-3565 of this title, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(e) This chapter shall not limit a custodian’s ability to obtain, or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that:
(1) specifies that an account belongs to the person under guardianship or the principal;
(2) specifies that there is sufficient consent from the person under guardianship or the principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents shall be immune from liability for any act or omission done in good faith compliance with this chapter. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3567. Uniformity of application and construction

§ 3567. Uniformity of application and construction
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act › § 3568. Relation to electronic signatures in Global and National Commerce Act

§ 3568. Relation to electronic signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b). (Added 2017, No. 13, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4003. Applicability

§ 4003. Applicability
This chapter applies to all powers of attorney except:
(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) a power to make health-care decisions;
(3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity;
(4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; and
(5) a power of reciprocal insurers under 8 V.S.A. § 4838. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4004. Power of attorney is durable

§ 4004. Power of attorney is durable
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity or unavailability of the principal. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4005. Execution of power of attorney

§ 4005. Execution of power of attorney
A power of attorney shall be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4006. Validity of power of attorney

§ 4006. Validity of power of attorney
(a) A power of attorney executed in this State on or after July 1, 2023 is valid if its execution complies with section 4005 of this title.
(b) A power of attorney executed in this State before July 1, 2023 is valid if its execution complied with the law of this State as it existed at the time of execution.
(c) A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 4007 of this title; or
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
(e) Except as otherwise provided by statute other than this chapter, a power of attorney that complies with this chapter is valid. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4007. Meaning and effect of power of attorney

§ 4007. Meaning and effect of power of attorney
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4008. Nomination of guardian; relation of agent to court-appointed fiduciary

§ 4008. Nomination of guardian; relation of agent to court-appointed fiduciary
(a) In a power of attorney, a principal may nominate a guardian of the principal’s estate or a guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated, and the agent’s authority continues unless limited, suspended, or terminated by the court. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4009. When power of attorney effective

§ 4009. When power of attorney effective
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal’s incapacity or unavailability and the principal has not authorized a person to determine whether the principal is incapacitated or unavailable, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a licensed health care professional working within the professional’s scope of practice, including a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 and a psychologist licensed pursuant to 26 V.S.A. chapter 55, that the principal is incapacitated within the meaning of subdivision 4002(7)(A) of this chapter; or
(2) an attorney at law, a judge, or an appropriate governmental official that the principal is unavailable within the meaning of 4002(7)(B) of this chapter.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated or unavailable may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act; Sections 1171 through 1179 of the Social Security Act; 42 U.S.C. § 1320d, as amended; and applicable regulations to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4010. Termination of power of attorney or agent’s authority

§ 4010. Termination of power of attorney or agent’s authority
(a) A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated or unavailable, if the power of attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated or unavailable, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent’s authority terminates when:
(1) the principal revokes the authority;
(2) the agent dies, becomes incapacitated or unavailable, or resigns;
(3) a petition for divorce, annulment, separation, or a decree of nullity is filed with respect to the agent’s marriage to the principal, unless the power of attorney otherwise provides; or
(4) the power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(e) Incapacity or unavailability of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity or unavailability, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(g) The principal of a power of attorney may not revoke the power of attorney if the principal has been determined to be incapacitated. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4011. Co-agents and successor agents

§ 4011. Co-agents and successor agents
(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated or unavailable, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1) has the same authority as that granted to the original agent; and
(2) may not act until all predecessor agents have resigned, died, become incapacitated or unavailable, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated or unavailable, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interests. An agent who fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4012. Reimbursement and compensation of agent

§ 4012. Reimbursement and compensation of agent
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4013. Agent’s acceptance

§ 4013. Agent’s acceptance
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4015. Exoneration of agent

§ 4015. Exoneration of agent
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed:
(A) dishonestly;
(B) in bad faith;
(C) with reckless indifference to the purposes of the power of attorney;
(D) through willful misconduct;
(E) through gross negligence; or
(F) with actual fraud; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4016. Judicial relief

§ 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.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4017. Agent’s liability

§ 4017. Agent’s liability
An agent who violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to:
(1) restore the value of the principal’s property to what it would have been had the violation not occurred;
(2) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf;
(3) reimburse the reasonable attorney’s fees and costs incurred by the principal or the principal’s successor in interest in pursuing rectification of the violation by the agent; and
(4) pay such other amounts, damages, costs, or expenses that the court may award. (Added 2023, No. 60, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 127 - Vermont Uniform Power of Attorney Act › § 4018. Agent’s resignation; notice

§ 4018. Agent’s resignation; notice
Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated or unavailable:
(1) to the guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) if there is no person described in subdivision (1) of this section, to:
(A) the principal’s caregiver;
(B) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or
(C) a governmental agency having authority to protect the welfare of the principal. (Added 2023, No. 60, § 1, eff. July 1, 2023.)