Title 14, Decedents' Estates and Fiduciary Relations

§ 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.)

§ 3551. Short title This chapter may be cited as the Vermont Revised Uniform Fiduciary Access to Digital Assets Act. (Added 2017, No. 13, § 1.)

§ 3552. Definitions As used in this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an a…

§ 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 co…

§ 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 t…

§ 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 r…

§ 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 recipien…

§ 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 u…

§ 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 …

§ 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 cou…

§ 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 o…

§ 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 …

§ 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 con…

§ 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 electro…

§ 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 di…

§ 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 …

§ 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 te…

§ 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.)

§ 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,…

§ 4001. Short title This chapter may be cited as the Vermont Uniform Power of Attorney Act. (Added 2023, No. 60, § 1, eff. July 1, 2023.)

§ 4002. Definitions As used in this chapter: (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to…

§ 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 m…

§ 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.)

§ 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 presum…

§ 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 …

§ 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…

§ 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 princi…

§ 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 become…

§ 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…

§ 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…

§ 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, §…

§ 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, N…

§ 4014. Agent’s duties (a) Notwithstanding provisions in the power of attorney, an agent who has accepted appointment shall: (1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and otherwise in the principal’s best interest…

§ 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 com…

§ 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 …

§ 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…

§ 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 appoi…

§ 4019. Acceptance of and reliance upon acknowledged power of attorney (a) As used in this section and section 4020 of this title, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person who in good fa…

§ 4020. Liability for refusal to accept acknowledged power of attorney (a) Except as otherwise provided in subsection (b) of this section: (1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under …

§ 4021. Principles of law and equity Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (Added 2023, No. 60, § 1, eff. July 1, 2023.)

§ 4022. Laws applicable to financial institutions and entities This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. (Added 2023, No. 60, § 1, eff. July 1, 2023.)

§ 4023. Remedies under other law The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this State other than this chapter. (Added 2023, No. 60, § 1, eff. July 1, 2023.)

§ 4031. Authority that requires specific grant; grant of general authority (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise o…

§ 4032. Incorporation of authority (a) An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 4034–4047 of this title or cites the section in which the authorit…

§ 4033. Construction of authority generally Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 4034–4047 of this title or that grants to an agent authority to do all acts that a pr…

§ 4034. Real property Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or…