What Is a Wyoming Power of Attorney?
Creating a power of attorney is a significant part of estate planning because it identifies who will manage your personal and financial affairs if you become incapacitated or otherwise need someone to handle them on your behalf.
By signing a POA, you designate authority to another person to pay bills, handle real estate transactions, or make medical decisions for you if the need arises. Should you suddenly become unable to manage these tasks on your own, a court would appoint a conservator or guardian for you unless you have a power of attorney if you do not have a valid POA in place.
The person giving authority to act is called the principal, while the individual accepting authority is known as the agent. A POA must be executed while the principal has the capacity to agree to the terms of the POA. That’s why it’s important to have a power of attorney in place before it becomes necessary. Get started today with our power of attorney form for Wyoming.
Types of Powers of Attorney in Wyoming
A general power of attorney can provide broad authority over financial and personal business dealings. POAs can also be limited to specific matters such as managing day-to-day finances or making health care decisions. The type of POA you choose depends on your specific needs.
Durable (Financial)
Use if you wish for the agent to retain their powers even when you (the principal) become incapacitated.
Signing Requirements: Notary public to be considered valid (§ 3-9-105).
Medical
Use this document to let someone make healthcare decisions for you in the event that you become incapacitated.
Signing Requirements: Notary public and at least two witnesses who meet specific requirements (§ 35-22-403).
Limited (Special)
Allows you to give powers to an agent to complete a certain task, and usually ends when the task has been completed.
Signing Requirements: Notary public to be considered valid (§ 3-9-105).
Non-Durable (General)
Appoint an agent to manage your assets or finances.
Signing Requirements: Notary public to be considered valid (§ 3-9-105).
Springing
“Springs” into effect in a certain situation, and ends at a time you specify.
Signing Requirements: Notary public to be considered valid.
Vehicle
Grant someone authority to handle affairs relating to your vehicle.
Signing Requirements: Notary public to be considered valid.
Real Estate
Delegate an agent to handle your real estate transactions.
Signing Requirements: Notary public to be considered valid.
Tax (Form 2848)
Assign tax-related powers to a trusted agent.
Signing Requirements: Taxpayer and agent.
Minor (Child)
Grant temporary parental rights to a trusted agent.
Signing Requirements: Notary public to be considered valid.
Revocation
Withdraw any previously granted authorization to an agent.
Signing Requirements: Notary public.
Durable vs. Non-durable POAs
General and limited POAs can be written as durable or non-durable documents. A Wyoming durable power of attorney doesn’t end if the principal becomes incapacitated. All POAs in Wyoming are presumed to be durable, as per Wyoming Statutes § 3-9-104, unless a clause in the document expressly states otherwise. A non-durable POA ends when the principal becomes incapacitated or a clause in the document calls for its termination.
Medical/Healthcare POA
A medical power of attorney in Wyoming allows you to appoint someone to make health care decisions for you if you’re unable to do so. You can name one or more co-agents to act on your behalf, including for treatment preferences and end-of-life care, as per WY Stat § 3-9-111.
Pairing this with a living will is recommended, which outlines your wishes for life-sustaining treatment. Together, these documents are known as advance directives. Without them, a court may appoint a guardian to make decisions for you.
Financial POA
Wyoming’s power of attorney statute allows you to limit an agent to solely managing financial matters. The document lets you authorize a representative to pay bills, engage in real estate transactions, file taxes, and manage debts in your absence.
How To Write a Power of Attorney for Wyoming
Wyoming follows the Uniform Power of Attorney Act, which allows your POA to be recognized in other states. To be valid, it must include specific elements:
- Agent designation: Designate the person or persons you are granting decision-making power. Wyoming state law also allows you to name a successor agent to act in case the agent resigns, becomes incapacitated, or is otherwise unqualified to serve.
- Scope of authority: Detail the scope of the agent’s authority and duties, including their obligation to act in your best interest. State whether the powers granted are general or limited to specific matters. Wyoming already prohibits POA agents from writing or editing a principal’s will, taking money directly from their bank account, making decisions after the principal’s death, or giving away their role as agent without the principal’s consent.
- Duration and termination: Your POA is durable unless otherwise stated. If you want the POA to be time-limited, you must specify the duration of the agent’s authority and the date it begins and ends.
- Principal’s signature: The principal must sign the POA or have someone else sign for them according to their directions and in their conscious presence.
- Notary’s signature: Wyoming doesn’t require notarization for a power of attorney. Only one witness over 18 must observe the principal’s signature to make the POA legal. However, notarization by a notary public may prevent legal challenges, and having your signature notarized creates a presumption that the document is valid per statute.
Legal Requirements and Considerations for Your Wyoming POA
State-specific requirements should be taken into consideration when drafting a Wyoming power of attorney. Legal Templates has you covered so your POA is legally recognized in the state.
Duration
In Wyoming, a power of attorney becomes effective when it’s signed unless you provide an alternative date, event, or contingency, such as a clause stating the POA goes into effect upon the principal’s incapacitation. Consider authorizing one or more persons to verify that the contingency has occurred. A physician, psychiatrist, or judge may also serve to verify POA contingency.
A non-durable POA ends when the time limit expires or when stated conditions are met. Durable POAs last until they are terminated or revoked.
Termination
There are several reasons a POA could be terminated, as per WY Stat § 3-9-110:
- Principal’s death or incapacitation
- POA clause provides for its termination
- Purpose of a limited POA is met
- Agent dies, is incapacitated, or resigns
- Divorce or legal separation when the named agent is the principal’s spouse
- Principal revokes the POA or agent’s authority
Revocation
To revoke a POA in Wyoming, notify your agent and any third parties involved. While verbal revocation is allowed, a signed written document is strongly recommended to avoid disputes. You must ensure that notice of revocation is delivered to your agent, or they may continue to act on your behalf.
Filing
If your POA involves the authority to engage in real estate transactions, file a copy with your local county clerk’s office.
Signing and Notarization
In Wyoming, your power of attorney form must be signed by you (the principal), or by someone else who signs it in front of you at your request. While the law doesn’t require you to get the form notarized, it’s highly recommended.
If you sign the form in front of a notary public, your signature is automatically considered valid, as per WY Stat § 3-9-105. Many banks and other institutions may not accept a POA unless it’s notarized, so doing this step can save time and prevent issues later.
Legal Templates includes a space for a notary public to sign and stamp your document to make it more secure and widely accepted.
