What's New

• Jurisdiction: Vermont,United States
• Citation: Vol. 49 No. 2
• Publication year: 2023
• topic: Business of Law,Trust Law,Criminal Law,Health Law,Civil Procedure

WHAT'S NEW Vol. 49 No. 2 Pg. 18 Vermont Bar Journal June, 2023

WHAT'S NEW, Legislative Update 2023

by Bob Paolini, Esq.

Here's a quick update on the bills enacted this session in which the VBA played a part as well as others of particular significance to our members.

Uniform Power of Attorney Act

The first, as many of you are already aware, is the new Uniform Power of Attorney Act, Act 60 (formerly H. 227). The VBA did two CLE's focusing on the changes in June. Thanks go out to the Probate & Trust Section, led by Chair Mark Langan as well as the Property Law Section and the Elder Law Section for their contribution in the drafting process.

Links to all the acts mentioned here can be found on the "Bills Passed" page of the Vermont Legislature. https://legislature. vermont.gov/bill/passed/2024 .

Here's a summary of the new Power of Attorney Act:

Act No. 60 (H. 227). An act relating to the Vermont Uniform Power of Attorney

Subjects: Court procedures; power of attorney This act enacts the revised Uniform Power of Attorney Act (UPOAA) in Vermont. The UPOAA standardizes and modernizes the law of powers of attorney and provides a simple, customizable power of attorney form that any person can use, with or without an attorney. The act also repeals the existing chapter of Vermont law governing powers of attorney and repeals language in the Uniform Trust Act that would be inconsistent with the UPOAA.

Effective Dated: July 1, 2023

Reproductive Rights Shield Bills

The VBA testified on this bill (H. 89) dealing with legally protected health care activity as there was language in the initial draft that would have impeded the attorney-client relationship. That language was removed without much objection. Here is the Act summary and link to the Act. I am also including the same for a companion bill (S. 37):

Act No. 14 2023 VT LEG #370627 v.2 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. 14 (H. 89). An act relating to civil and criminal procedures concerning legally protected health care activity Subjects: Civil and criminal procedure; legally protected health care This act defines "legally protected health care activity" for purposes of Vermont law to include reproductive health care services and genderaffirming health care services and reaffirms that access to such services is a legal right in Vermont. The act declares interference with legally protected health care activity, whether or not under the color of law, against the public policy of Vermont and the act shields providers and patients from litigation seeking to interfere with these established health care services. The act identifies "abusive litigation" as litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by filing or prosecuting any action in any other state where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in Vermont. Lawsuits are considered to be based on conduct that occurred in Vermont if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in Vermont, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit. The act creates a private right of action for a person who has been subject to abusive litigation to countersue for damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs, or reasonable attorney's fees incurred in connection with the abusive litigation and with the tortious interference action. The act establishes a policy of noncooperation with abusive litigation concerning legally protected health care. Vermont courts are prohibited from ordering a person found in Vermont to give testimony or a statement or produce documents or other things with any proceeding in a tribunal outside Vermont concerning abusive litigation involving legally protected health care activity. No public agency or employee, appointee, officer or official, or any other person acting on behalf of a public agency may knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for the provision, seeking or receipt of, or...