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Medical Power of Attorney in Wyoming: Power of Attorney for Health Care and Advance Directives
Wyoming's medical power of attorney must be notarized or signed by two witnesses, and certain people can't witness it. Here is how it works under the Wyoming Health Care Decisions Act, and who decides without one.
By naveen · Updated · How we research our guides
What to know
- A Wyoming power of attorney for health care must be in writing, signed, and either acknowledged before a notary or signed by at least two witnesses (W.S. 35-22-403).
- A treating health care provider or their employee, the named agent, and care facility operators or employees can't be witnesses.
- Unless the document says otherwise, the agent's authority starts only when your parent is determined to lack capacity.
- Without an agent or guardian, Wyoming's statute suggests an order of family members who may act as surrogate, starting with the spouse (W.S. 35-22-406).
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
A medical power of attorney in Wyoming is called a power of attorney for health care: "the designation of an agent to make health care decisions for the individual granting the power." Under W.S. 35-22-403, it "must be acknowledged before a notarial officer or must be signed by at least two (2) witnesses." It's part of what Wyoming calls an advance health care directive, which "means an individual instruction or a power of attorney for health care, or both."
What is a power of attorney for health care in Wyoming?
It's the document under the Wyoming Health Care Decisions Act, W.S. 35-22-401 to 35-22-416, in which your parent names an agent. It "may authorize the agent to make any health care decision the principal could have made while having capacity," and it "remains in effect notwithstanding the principal's later incapacity and may include individual instructions." An adult or emancipated minor can make one.
The agent decides according to your parent's directive and other known wishes, otherwise in their best interest, and has "the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information." It's separate from a financial power of attorney, whose statutory form excludes health care; see our Wyoming power of attorney guide.
How is it different from an individual instruction?
A power of attorney for health care names an agent to decide for your parent, while an individual instruction is your parent's own direction about a health care decision.
| Document | What it does | Signing rule |
|---|---|---|
| Power of attorney for health care | Names an agent to make health care decisions | In writing, signed, and notarized or signed by two witnesses (W.S. 35-22-403(b)) |
| Individual instruction | Your parent's own direction about a health care decision | "The instruction may be oral or written" (W.S. 35-22-403(a)) |
The current act doesn't use the term living will. Your parent's own directions about their care are an individual instruction, and a power of attorney for health care can include them. For the general picture, see power of attorney vs. advance directive.
How do you sign a power of attorney for health care in Wyoming?
Your parent signs it, or another person signs "in the principal's presence and at the principal's expressed direction." Then one of two things is needed: a notary's acknowledgment, or at least two witnesses who each saw your parent sign or acknowledge it. Each witness declares, under penalty of perjury, that "the principal signed or acknowledged this document in my presence."
Under W.S. 35-22-403(c), none of these people can be a witness:
- a treating health care provider or an employee of the provider;
- the agent named in the document;
- the operator of a community care facility, or an employee of the operator or facility;
- the operator of a residential care facility, or an employee of the operator or facility.
The section we read doesn't bar relatives from witnessing. Because a notary's acknowledgment is an alternative to witnesses, signing before a notary avoids the witness question altogether.
Who can't serve as the health care agent?
Under W.S. 35-22-403(b), "Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a residential or community care facility at which the principal is receiving care." A residential care facility includes one "providing for the residential and health care needs of the elderly."
Divorce matters too: "A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care." That's the decree, not the filing.
When does the agent start making decisions?
Unless the document says otherwise, "the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity." The primary physician makes that determination, or the treating primary health care provider if the physician is unavailable.
Your parent is "presumed to have capacity" unless the primary physician has certified in writing that they lack it. An agent's decision "is effective without judicial approval," and absent a court order, an agent's decision takes precedence over a guardian's.
Where do you get a Wyoming form?
Wyoming's current act doesn't include one. The act once had an optional form in W.S. 35-22-405, but that section was repealed in 2007 and now reads "Repealed By Laws 2007, Ch. 61, § 2." We didn't find a state-hosted advance directive form on the Wyoming Department of Health or Wyoming courts websites.
Any written document that names an agent and meets the signing rule works, and your parent can add individual instructions. An attorney can prepare one. Health care providers can't require your parent to sign or revoke a directive "as a condition for providing health care."
What happens if your parent has no health care agent?
A surrogate may decide. Under W.S. 35-22-406, if there's no valid directive and no available agent or guardian, a surrogate may make health care decisions once your parent is determined to lack capacity. Your parent can name a surrogate by personally informing the primary health care provider. Otherwise, the statute says "it is suggested that" family members act in this order:
- the spouse, unless legally separated;
- an adult child;
- a parent;
- a grandparent;
- an adult brother or sister;
- an adult grandchild.
If none of them is reasonably available, an adult "who has exhibited special care and concern for the patient, who is familiar with the patient's personal values" may act. If members of a class disagree, the provider follows the majority of those who've shared their views. Your parent can disqualify anyone, including a family member, in a signed writing or by telling the primary health care provider.
How do you revoke a Wyoming advance directive?
Your parent revokes the agent's designation in a signed writing, and the rest of the directive in any way that communicates the intent, while they have capacity (W.S. 35-22-404).
- The agent's designation. "An individual with capacity may revoke the designation of an agent only by a signed writing" (W.S. 35-22-404(a)).
- Everything else. Your parent can revoke all or part of the rest "at any time and in any manner that communicates an intention to revoke." An oral revocation must be documented as soon as possible in a writing signed and dated by your parent or a witness.
A later directive that conflicts with an earlier one revokes the earlier one to the extent of the conflict. A copy of a directive or revocation "has the same effect as the original."
What about POLST?
A POLST turns your parent's treatment wishes into medical orders, and the Wyoming Department of Health describes WyoPOLST as an addition to an advance directive. Under W.S. 35-22-501 to 35-22-509, it converts "the patient's goals and preferences for care into a set of medical orders on a POLST form that is portable across care settings." The Wyoming Department of Health says it "Must be completed by a medical provider and the patient together," and that "We do not have a central registry for Wyoming." If a POLST and an advance directive conflict, "the most recent of those documents signed by the patient takes precedence."
Frequently asked questions
Does a medical power of attorney need to be notarized in Wyoming?
Not necessarily. Under W.S. 35-22-403(b), a Wyoming power of attorney for health care must be either acknowledged before a notary or signed by at least two witnesses. Either one works. If your parent uses witnesses, each must sign a declaration under penalty of perjury, and certain people can't serve as a witness.
Who can witness a medical power of attorney in Wyoming?
Anyone except a treating health care provider or their employee, the named agent, or an operator or employee of a community care or residential care facility. The section we read doesn't bar relatives from witnessing. Each witness must have seen your parent sign, or witnessed them acknowledge the signature or document.
Where can I get a Wyoming medical power of attorney form?
Wyoming's statute no longer includes one; the optional form section was repealed in 2007, and we didn't find a state-hosted form. Any written document that names an agent and is notarized or properly witnessed meets the statute. An attorney can prepare one, and your parent's doctor and agent should get copies.
Who makes medical decisions in Wyoming if there's no power of attorney?
A surrogate. Under W.S. 35-22-406, your parent can name one by telling the primary health care provider. Otherwise the statute suggests the spouse unless legally separated, then an adult child, a parent, a grandparent, an adult sibling, an adult grandchild, and then a close adult who knows your parent's values.
Is an advance directive from another state valid in Wyoming?
The act's rule is that a directive "is valid for purposes of this act if it complied with the applicable law at the time of execution or communication." The sections we read don't name other states separately. A POLST form from another state is presumed valid in Wyoming. If your parent splits time between states, an attorney can confirm what covers both.
Can my parent change their mind after signing?
Yes. While they have capacity, your parent can revoke the agent's designation in a signed writing, and can revoke other parts of a directive in any way that communicates the intent. Telling the doctor and giving them any new document keeps the medical record current.
Getting started
A power of attorney for health care only helps if it's signed while your parent can sign it, before a notary or two qualified witnesses, and if a copy reaches the doctor. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Wyoming Statutes Title 35: the Wyoming Health Care Decisions Act (35-22-401 to 35-22-416), including signing and witnesses (35-22-403), revocation (35-22-404) and surrogates (35-22-406), and the POLST Program Act (35-22-501 to 35-22-509); published by the Wyoming Legislature.
- Wyoming Legislature, 2007 Enrolled Act No. 28 (HB0048): repeal of the optional form section.
- Wyoming Department of Health, WyoPOLST: the POLST form and how it's used.
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