Wyoming Power of Attorney Guide

Wyoming’s power of attorney (POA) framework, governed by the Uniform Power of Attorney Act (UPOAA) enacted in 2018, empowers individuals to delegate decision-making authority effectively. This legal tool allows a principal to appoint an agent to handle financial, property, and other affairs, promoting autonomy during incapacity or absence.

Understanding the Basics of POA in Wyoming

A

power of attorney

is a legal document where the principal grants an agent authority to act on their behalf. Under Wyoming Statutes Title 3, Chapter 9, a POA is defined as a writing or record granting such powers, regardless of terminology used. Key roles include:

• Principal: The individual creating the POA and granting authority.
• Agent (or attorney-in-fact): The trusted person empowered to act.
• Third Parties: Banks, institutions, or individuals relying on the POA.

The UPOAA applies to most POAs but excludes those coupled with an interest (e.g., creditor powers), health care decisions, voting proxies, or government forms.

Durability: POAs That Last Through Incapacity

Since 2018, Wyoming POAs are

durable by default

, remaining effective even if the principal becomes incapacitated—defined as an impairment in receiving/evaluating information or making decisions, or being missing, detained, or abroad. Pre-2018 POAs may not share this feature unless specified.

Durability Comparison: Pre- and Post-2018 POAs

Aspect	Pre-2018	Post-2018 (UPOAA)
Default Durability	Not durable	Durable unless stated otherwise
Incapacity Effect	Terminates	Continues
Customization	Must specify	Opt-out required

This shift protects principals by ensuring continuity without court intervention.

Execution Requirements for Validity

To be valid, a Wyoming POA must be signed by the principal or by another in their conscious presence at their direction. Acknowledgment (notarization) creates a presumption of genuineness, protecting relying parties. Steps include:

1. Draft the document outlining powers.
2. Principal signs or directs signing.
3. Notarize for third-party acceptance.
4. Distribute copies to agents and institutions.

Refusal by third parties to accept an acknowledged POA can lead to court orders and liability for their fees.

When Does a POA Take Effect?

POAs are effective immediately unless specified otherwise. “Springing” POAs activate on a future event like incapacity, with the principal able to designate determiners (e.g., physicians) or default to statutory ones: two licensed physicians or a court. While flexible, springing POAs risk delays in verification.

Agent Responsibilities and Fiduciary Duties

Agents must act loyally, avoid conflicts, and exercise care comparable to similar agents. They cannot self-deal without explicit authorization and owe duties even if unaware of court-appointed fiduciaries. Core duties:

• Act solely for the principal’s benefit.
• Maintain records and avoid commingling funds.
• Cooperate with successors or co-agents.

Exculpatory clauses limiting liability are void for dishonest, reckless, or improperly motivated acts.

Scope of Authority: What Can Agents Do?

Wyoming follows UPOAA’s hot powers and general grants. Agents can handle real estate, banking, stocks, commodities, and more via the statutory form, with checkboxes for specifics like creating survivorship rights or beneficiary changes.

Common POA Powers Under Wyoming Law

Category	Examples
Financial	Banking transactions, bill payments
Property	Buy/sell real estate, manage rentals
Investments	Trade stocks, manage retirement accounts
Taxes	File returns, claim refunds
Gifts	Limited to annual exclusions unless specified

Authority extends to all lawful acts unless limited.

Termination Rules and Revocation

POAs end upon principal’s death, revocation, expiration, purpose fulfillment, or agent incapacity without successor. Acts by good-faith third parties post-termination bind the principal. Revocation requires notifying agents and relying parties.

• Principal’s death automatically terminates.
• Written revocation advised for clarity.
• Court can suspend if fiduciary appointed.

Remedies for Agent Misconduct

Violations make agents liable for restitution, losses, and attorney fees. Courts can construe POAs, review conduct, and award relief on petition by principals, agents, guardians, or successors. Good-faith reliance protects third parties.

Wyoming’s Statutory POA Form

Wyoming provides a fillable statutory form covering 18 powers, from real property to benefits. Principals initial granted authorities; agents certify acceptance. Optional special instructions allow customization. This form ensures broad acceptance statewide.

Co-Agents, Successors, and Monitoring

Multiple agents can act jointly or severally. Successors step in if primaries fail. Principals should name alternates and review periodically, especially post-life events.

Third-Party Reliance and Protections

Acknowledged POAs presume validity; refusals invite penalties. Third parties can request certification, translation, or agent’s signature exemplars but not substantive changes.

Practical Tips for Wyoming Residents

• Consult an attorney for complex needs.
• Notarize and record real estate POAs.
• Store originals safely; provide copies proactively.
• Update for marriages, divorces, or relocations.

POAs complement wills and trusts in comprehensive planning.

Frequently Asked Questions

Does a Wyoming POA work out-of-state?

Generally yes, especially if UPOAA-compliant, but local laws may vary; use state-specific forms for reliability.

Can I revoke a POA anytime?

Yes, competent principals can revoke via writing, notifying agents and third parties.

What if my agent misuses powers?

Petition court for review, removal, and damages; liability includes full restitution.

Is notarization mandatory?

Not for validity, but required for presumption and third-party acceptance.

Can POAs handle health decisions?

No, UPOAA excludes health care; use separate advance directives.