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Power of Attorney in Wyoming: Requirements, the Statutory Form, and How to Get One
A Wyoming power of attorney needs only your parent's signature, but notarizing it is what puts banks on a deadline and lets it be recorded for land. Here is what the Uniform Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- A Wyoming power of attorney must be signed by your parent, or by someone in their conscious presence at their direction; the act doesn't require witnesses or a notary for validity (W.S. 3-9-105).
- Notarizing gives the signature a presumption of genuineness, and the rule that a bank must accept within seven business days applies only to notarized powers of attorney.
- It's durable by default and effective immediately unless it says otherwise.
- Wyoming's statutory form says it "does not authorize the agent to make health care decisions for you"; that takes a separate power of attorney for health care.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Wyoming power of attorney is valid when your parent signs it, or someone signs for them in their conscious presence at their direction; the act requires no witnesses or notary, and W.S. 3-9-301 prints an optional statutory form. Under W.S. 3-9-105, it "shall be signed by the principal or in the principal's conscious presence by another person who is directed by the principal to sign the principal's name on the power of attorney." The same section adds that a signature acknowledged before a notary "is presumed to be genuine," and several of the law's practical protections depend on that step.
What is a durable power of attorney in Wyoming?
A durable power of attorney in Wyoming is one "not terminated by the principal's incapacity," under the Uniform Power of Attorney Act, W.S. 3-9-101 to 3-9-403, which took effect January 1, 2018. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal whether or not the term power of attorney is used." Your parent is the principal.
Durability is the default. Under W.S. 3-9-104, a power of attorney created under the act "is durable unless it expressly provides that it is terminated by the incapacity of the principal." One signed before 2018 stays valid if it was properly executed then. For why the timing matters, see our guide to power of attorney for an elderly parent.
What does Wyoming require for a power of attorney to be valid?
Wyoming requires only your parent's signature, or a signature made for them in their conscious presence at their direction (W.S. 3-9-105).
| Step | What the law says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | The only execution requirement in W.S. 3-9-105 |
| Notary (optional) | A signature acknowledged before a notary "is presumed to be genuine" | Needed for the bank-acceptance rules (3-9-120) and to record it for land (34-1-104) |
The act's sections we read don't require witnesses, and they don't bar any class of person from serving as agent. Wyoming's statutory form ends with a signature and notary acknowledgment block and has no witness lines.
Is there an official Wyoming power of attorney form?
Yes. W.S. 3-9-301 sets out the "STATUTORY FORM POWER OF ATTORNEY," and "A document substantially in the following form may be used." It's printed in Title 3 of the Wyoming Statutes, published by the Legislature. We didn't find a separate fill-in version on a Wyoming state agency or court site.
The form's notice is worth reading with your parent before anyone signs. It explains that the agent "will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself," that "Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions," and that it "becomes effective immediately unless you state otherwise in the Special Instructions."
Some powers need their own initials. Under W.S. 3-9-201, an agent can create or change a trust, make a gift, create or change survivorship rights or beneficiary designations, or disclaim property "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death." An agent who isn't your parent's ancestor, spouse or descendant can't use those powers to benefit themselves unless the document says so.
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (W.S. 3-9-109). If it starts on incapacity and no one is named to decide, a written determination by a physician or licensed psychologist, or in some cases an attorney, judge or government official, triggers it.
Under W.S. 3-9-110, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. A spouse's authority as agent also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or an action is filed for legal separation." That's the filing, not the final decree.
A court-appointed conservator doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court." If your parent names coagents, "each coagent may exercise its authority independently" unless the document says otherwise.
What does the agent have to do?
Under W.S. 3-9-114, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, and "Keep a record of all receipts, disbursements and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective government agency asks for those records, the agent has thirty days to comply or provide a written record of why more time is needed, then another thirty days. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Wyoming power of attorney?
Yes, if it's notarized, unless one of the statute's refusal grounds applies. Under W.S. 3-9-120, a person asked to accept an acknowledged power of attorney must accept it, or request an agent's certification or a translation, "not later than seven (7) business days after presentation of the power of attorney for acceptance." After receiving what they asked for, they must accept within five business days, and they may "Not require an additional or different form of power of attorney for authority granted in the power of attorney presented."
The statute lists reasons a person can still refuse, including a good-faith belief that the power isn't valid or the agent lacks authority, and a report to a protective agency about suspected abuse or exploitation. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs. The act also says it "does not supersede any other law applicable to financial institutions or other entities."
Does a Wyoming power of attorney need to be recorded?
Recording isn't one of the execution steps in W.S. 3-9-105; it comes up when the agent may convey land. Under W.S. 34-1-104, a power of attorney containing a power to convey lands may be recorded by the county clerk where the land is "only when acknowledged by such owner." Once recorded, it isn't treated as revoked "unless the instrument containing such revocation be also recorded in the same office" (W.S. 34-1-105). That's another reason to notarize.
How do you get a power of attorney for an elderly parent in Wyoming?
Your parent makes it and signs it. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects with your parent; they initial only what they want to grant, including any specific powers such as gifts.
- Your parent signs and acknowledges it before a notary.
- Give the agent a copy and keep the original somewhere safe; under the act, a photocopy "has the same effect as the original."
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Wyoming?
Your parent revokes it; W.S. 3-9-110 lists revocation as ending a power of attorney, but the act doesn't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record. If the power of attorney was recorded with a county clerk, the revocation must be recorded in the same office.
Signing a new power of attorney doesn't cancel an older one unless the new one says so. For a power of attorney signed before January 1, 2018, W.S. 3-5-103 also allows revoking it by recording a revocation, with a copy attached, with the county clerk where your parent lives.
How much does a power of attorney cost in Wyoming?
The statutory form costs nothing to use, and the notary's acknowledgment is the step with a fee, which Wyoming caps: under W.S. 32-3-126, a notary may charge "Not more than ten dollars ($10.00) per notarial act," and may charge less or waive it. Any technology fee for remote notarization, or a travel fee, must be agreed in advance and explained as separate from the notarial fee.
Frequently asked questions
Does a power of attorney need to be notarized in Wyoming?
Not to be valid. W.S. 3-9-105 requires only your parent's signature. But a notarized signature is presumed genuine, the seven-business-day rule for banks applies only to notarized powers of attorney, and a power of attorney to convey land can be recorded only when acknowledged. Wyoming's statutory form ends with a notary block.
Does a Wyoming power of attorney need witnesses?
The Uniform Power of Attorney Act sections we read don't require witnesses for a financial power of attorney, and the statutory form has no witness lines. A Wyoming power of attorney for health care is different: it must be notarized or signed by two witnesses, and certain people can't serve as a witness.
Where can I get a Wyoming power of attorney form?
The State of Wyoming Statutory Form Power of Attorney is printed in W.S. 3-9-301, in Title 3 of the Wyoming Statutes on the Legislature's website. Using it is optional; a document drafted for your parent's situation also works. Whatever the source, signing before a notary gives the signature a presumption of genuineness and triggers the bank-acceptance rules.
Can a Wyoming power of attorney make medical decisions?
No. The act doesn't apply to "A power to make health care decisions," and the statutory form says so. Wyoming handles that through a power of attorney for health care under the Wyoming Health Care Decisions Act, which needs a notary or two witnesses. Our guide to the Wyoming advance health care directive explains it.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it. If your parent can no longer make that decision, a court guardianship or conservatorship may be the remaining route. A power of attorney can nominate a conservator or guardian for the court to consider.
Is a power of attorney from another state valid in Wyoming?
Yes, if it met the right law when signed. Under W.S. 3-9-106, a power of attorney executed outside Wyoming is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Wyoming a notary is what triggers the bank-acceptance rules. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Wyoming Statutes Title 3, Uniform Power of Attorney Act: durability (3-9-104), execution (3-9-105), validity (3-9-106), effective date (3-9-109), termination (3-9-110), duties (3-9-114), acceptance (3-9-119, 3-9-120), express grants (3-9-201) and the statutory form (3-9-301); published by the Wyoming Legislature.
- Wyoming Statutes Title 34: recording a power of attorney to convey land and its revocation (34-1-104, 34-1-105).
- Wyoming Statutes Title 32: notarial officer fees (32-3-126).
- Wyoming Legislature, 2017 Enrolled Act No. 41 (SF0105): the act's January 1, 2018 effective date.
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