A "terminal care document" is a document which contains the express direction that no extraordinary measures be taken when the person executing the document is in a terminal state, without hope of recovery from such state, and is unable to actively participate in the decision making process.
A "terminal state" means an incurable condition caused by injury, disease or illness which, regardless of the application of life-saving procedures, would, within reasonable medical judgment, produce death and where application of life sustaining procedures would only postpone the moment of death.
Execution an Witnesses (18 VSA § 5253,5254)
An individual of sound mind who is 18 years of age or older may execute a document commonly known as a terminal care document, directing that no extraordinary measures be used to prolong his life when he is in a terminal state. A terminal care document is only be effective in the event that the person is incapable of participating in decisions about his care and is not required ot be in the statutory form.
A terminal care document must be executed by the principal in the presence of two or more subscribing witnesses, none of whom may be the person's spouse, heir, reciprocal beneficiary, attending physician or person acting under the direction or control of the attending physician or any other person who has at the time of the witnessing thereof any claims against the estate of the principal.
Revocation (18 VSA § 5257)
A principal who has executed a terminal care document may revoke that document orally and in the presence of two or more witnesses, at least one of whom shall not be a spouse or a relative as specified in 15 VSA. §§ 1 or 2, or by burning, tearing or obliterating the document or by causing some other person at the principal's direction and in the principal's presence to destroy the document. A terminal care document may be revoked only as statutorily provided.
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Revocation of Statutory Terminal Care Document
