Power of Attorney in Wyoming

Wyoming has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity, and it is effective when signed unless it states a later date or event. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. The statute includes a Statutory Form Power of Attorney.

An adult or emancipated minor may give individual health care instructions (oral or written) and may sign a power of attorney for health care. The power of attorney must be in writing, signed by the principal (or by another person in the principal's presence at his or her direction), and either acknowledged before a notarial officer or signed by two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or its employee, the named agent, or the operator or an employee of a community or residential care facility may not serve as a witness. Unless the document says otherwise, the agent's authority begins only when the principal is determined to lack capacity.

Wyoming has an optional "State of Wyoming Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (Wyo. Stat. 3-9-301); the form states that it does not authorize the agent to make health care decisions. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another person at the principal's direction; a signature acknowledged before a notary public is presumed genuine (3-9-105). For health care, a power of attorney for health care must be in writing, signed by the principal (or by another person in the principal's presence at the principal's direction), and either acknowledged before a notarial officer or signed by at least two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or the provider's employee, the named attorney-in-fact, or the operator or an employee of a community or residential care facility cannot witness (Wyo. Stat. 35-22-403).