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H.191

Introduced by   Representatives Jewett of Ripton and Metzger of Milton

Referred to Committee on

Date:

Subject:  Decedents’ estates and fiduciary relations; military wills and military powers of attorney

Statement of purpose:  This bill proposes to clarify that properly executed military wills and military powers of attorney are valid under Vermont law.

AN ACT RELATING TO MILITARY WILLS AND MILITARY POWERS OF ATTORNEY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  14 V.S.A. § 7 is amended to read:

§ 7.  HOW MADE BY SOLDIER OR SAILOR; MILITARY WILL

(a)  The provisions of this chapter shall not prevent a soldier in actual military service, or a mariner or seaman at sea, from disposing of his wages or other personal estate as he might otherwise have done.

(b)  Notwithstanding any other provision of law, a military will containing a provision stating that the will is prepared pursuant to 10 U.S.C. § 1044d shall be a valid will under this chapter.

Sec. 2.  14 V.S.A. § 3502 is amended to read:

§ 3502.  CREATION OF A POWER OF ATTORNEY

(a)  Except as provided in subsection subsections (d) and (e) of this section, a power of attorney shall, in order to be valid:

(1)  be in writing;

(2)  name one or more persons as agent;

(3)  give the agent power to act on behalf of the principal; and

(4)  be executed as provided in section 3503 of this title.

* * *

(e)  Notwithstanding any other provision of law, a military power of attorney containing a provision stating that the power of attorney is prepared pursuant to 10 U.S.C. § 1044a shall be a valid power of attorney under this chapter.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us