Wyoming Power of Attorney Laws

A durable POA allows someone to help you with your financial matters if you ever become incapacitated—here's how to make one in Wyoming.

By , Attorney George Mason University Law School
Updated 6/24/2024

If you want someone to be able to deposit your checks at your bank, file your taxes, or even sell or mortgage your home, you can create a handy document called a power of attorney (POA). A POA is a simple document that grants specific powers to someone you trust—called an "agent" or "attorney-in-fact"—to handle certain matters for you. The person who creates the POA is called the "principal."

What Types of Powers of Attorney Are Available in Wyoming?

You can make several different types of POAs in Wyoming. In particular, many estate plans include two POAs:

  • a financial POA, which allows someone to handle your financial or business matters, and
  • a health care POA, which allows someone to make medical decisions on your behalf. (In Wyoming, this health care POA is combined with a living will into a single document called an "advance health care directive.")

In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.

To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney? Below, learn how to create a durable financial POA that is valid in Wyoming.

What Are the Legal Requirements of a Financial POA in Wyoming?

For your POA to be valid in Wyoming, it must meet these requirements.

Mental Capacity for Creating a POA

The person making a POA must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Wyoming courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.

Notarization Requirement

While Wyoming doesn't technically require you to get your POA notarized, notarization is very strongly recommended. Under Wyoming law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it. (Wyo. Stat. § 3-9-105 (2024).)

Steps for Making a Financial Power of Attorney in Wyoming

1. Create the POA Using a Statutory Form, Software, or Attorney

Wyoming offers a statutory form for a financial POA that you can use. The form allows you to designate an agent (and co-agents and successor agents) and the powers you're giving your agent. (Wyo. Stat. § 3-9-301 (2024).)

Some private companies also offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a Wyoming lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.

Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:

  • real property (real estate)
  • stocks and bonds
  • banks and other financial institutions
  • operation of an entity or business
  • benefits from governmental programs or civil or military service
  • retirement plans, and
  • taxes.

Under Wyoming's power of attorney laws, if you made your POA in 2018 or later, your POA is durable (effective even after incapacitation) by default unless it explicitly states otherwise. This default wasn't in place before 2018. (Wyo. Stat. § 3-9-104 (2024).)

2. Sign the POA in the Presence of a Notary Public

As mentioned above, in Wyoming, you should have your POA notarized.

3. Store the Original POA in a Safe Place

Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.

4. Give a Copy to Your Agent or Attorney-in-Fact

You should also give a copy of the POA to your agent so that your agent is familiar with the contents of the document.

5. File a Copy With the Land Records Office

If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Wyoming, this office is part of the county clerk's office. If you put your POA on file, the county clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.

6. Consider Giving a Copy to Financial Institutions

You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.

Who Can Be Named an Agent or Attorney-in-Fact in Wyoming?

Legally speaking, you can name any competent adult to serve as your agent. But when naming an agent, you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney?

Wyoming allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Wyo. Stat. § 3-9-111 (2024).)

When Does My Durable Financial POA Take Effect?

Your POA is effective immediately unless it explicitly states that it takes effect at a future date. It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you're incapacitated—but there are many reasons why this type of "springing" power of attorney isn't usually advised. (Wyo. Stat. § 3-9-109 (2024).)

When Does My Financial Power of Attorney End?

Any power of attorney automatically ends at the principal's death. Your durable POA also ends if:

  • You revoke it. As long as you're mentally competent, you can revoke your document at any time.
  • You become incapacitated, and your POA isn't durable. But remember that all POAs created after 2018 are considered durable unless the POA specifically states that it isn't.
  • No agent is available. To reduce the likelihood of this happening, you can name a successor (alternate) agent in your document.
  • There's a termination date. If the POA lists a termination date, it will end on that date.
  • The POA's purpose is accomplished. If your POA gives authority for a specific purpose—like selling one piece of real estate—it will end after the purpose (the sale of the real estate) is accomplished.
  • A court invalidates your document. It's rare, but a court might declare your document invalid if it concludes that you weren't mentally competent when you signed it, or that you were the victim of fraud or undue influence.

(Wyo. Stat. § 3-9-110 (2024).)

Additionally, in Wyoming, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce—unless your POA states otherwise. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So, if you named a successor agent, that person would become your agent instead. (Wyo. Stat. § 3-9-110 (2024).)

For more on Wyoming planning issues, see our section on Wyoming Estate Planning.

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