Vermont Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Vermont who cannot decide: an agent, a guardian, or Vermont's default surrogate order. Runs in your browser; nothing is stored.

Vermont law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Vermont

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Vermont's default surrogate order

This state names a group of people with no fixed order.

  1. An interested individual the patient named by telling the clinician
  2. Spouse (Unranked pool of interested individuals; any one who is willing and available may serve)
  3. An adult child (Unranked pool)
  4. A parent (Unranked pool)
  5. An adult sibling (Unranked pool)
  6. An adult grandchild (Unranked pool)
  7. A clergy person (Unranked pool)
  8. Any adult who has shown special care and concern and knows the patient's values (Unranked pool)
What it covers
A surrogate may act only to give or withhold consent to a do-not-resuscitate order or clinician order for life-sustaining treatment (COLST). Vermont has no general family-consent list.
If more than one person is in the same group
Only one person may act as surrogate at a time, and there is no ranked order. If the interested individuals cannot agree on who serves, an interested person may petition for guardianship.
If nobody on the list is available
If interested individuals cannot agree, the route is a guardianship petition in the Probate Division.
Who decides the person cannot decide
The patient's clinician determines that the patient lacks capacity.
Limits
  • No one may serve as surrogate over the patient's objection, even if the patient lacks capacity.
  • Providers and facility employees or contractors cannot serve unless related by blood, marriage, civil union or adoption.

Source: 18 V.S.A. 9731 · Checked October 26, 2026

Narrower laws in this state

  • 18 V.S.A. 9710: A family member or a person with a known close relationship may elect hospice care for a patient who has no available agent or guardian.

Next steps

Who decides in Vermont without a power of attorney?

Vermont's default surrogate law (18 V.S.A. 9731) names a group of people with no fixed order. A surrogate may act only to give or withhold consent to a do-not-resuscitate order or clinician order for life-sustaining treatment (COLST). Vermont has no general family-consent list.

Vermont's default surrogate law in full

Vermont's default surrogate order

This state names a group of people with no fixed order.

  1. An interested individual the patient named by telling the clinician
  2. Spouse (Unranked pool of interested individuals; any one who is willing and available may serve)
  3. An adult child (Unranked pool)
  4. A parent (Unranked pool)
  5. An adult sibling (Unranked pool)
  6. An adult grandchild (Unranked pool)
  7. A clergy person (Unranked pool)
  8. Any adult who has shown special care and concern and knows the patient's values (Unranked pool)
What it covers
A surrogate may act only to give or withhold consent to a do-not-resuscitate order or clinician order for life-sustaining treatment (COLST). Vermont has no general family-consent list.
If more than one person is in the same group
Only one person may act as surrogate at a time, and there is no ranked order. If the interested individuals cannot agree on who serves, an interested person may petition for guardianship.
If nobody on the list is available
If interested individuals cannot agree, the route is a guardianship petition in the Probate Division.
Who decides the person cannot decide
The patient's clinician determines that the patient lacks capacity.
Limits
  • No one may serve as surrogate over the patient's objection, even if the patient lacks capacity.
  • Providers and facility employees or contractors cannot serve unless related by blood, marriage, civil union or adoption.

Source: 18 V.S.A. 9731 · Checked October 26, 2026

Narrower laws in this state

  • 18 V.S.A. 9710: A family member or a person with a known close relationship may elect hospice care for a patient who has no available agent or guardian.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Vermont if there is no power of attorney?

Vermont's default surrogate law (18 V.S.A. 9731) names a group of people with no fixed order. A surrogate may act only to give or withhold consent to a do-not-resuscitate order or clinician order for life-sustaining treatment (COLST). Vermont has no general family-consent list. The full order, tie rule and limits are in 18 V.S.A. 9731.

Does next of kin in Vermont have authority over money?

No default surrogate law covers money. In Vermont, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Vermont law checked against the official text on October 26, 2026.

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