Finance
Instrument: Power of Attorney (POA)
What is it for?
The “power of attorney” (POA) allows an adult (the “principal”) to authorize another person (the “agent”) to make decisions concerning the principal’s property. A POA may also be executed for educational decisions.
What does it do?
The POA empowers the agent to make decisions and act with respect to the principal’s property whether or not the principal is able to act for themself. The agent is granted authority over a broad range of matters, unless the POA expressly limits the agent’s authority. Wyo. Stat. Ann. § 3-9-102.
Unless a POA expressly states otherwise, a POA is considered to be “durable,” which means the agent’s authority continues during a period when the principal lacks capacity. Wyo. Stat. Ann. § 3-9-104.
In making decisions for the principal, the agent must act in good faith, only within the scope of the authority granted in the POA, and in accordance with the principal’s known expectations and in the principal’s best interest. Wyo. Stat. Ann. § 3-9-114.
Third parties must generally accept decisions made by the agent as if the principal had made them. They may, however, request the agent for a certification of the POA’s validity. Wyo. Stat. Ann. § 3-9-120.
How does one make it?
A POA must be written, signed by either the principal or in the principal’s conscious presence by another, and notarized. Wyo. Stat. Ann. § 3-9-105.
A principal may, but is not required to, utilize a statutory form to execute a POA. If the principal does not choose to use the statutory POA, however, their POA document must be substantially similar to the statutory POA. Wyo. Stat. Ann. § 3-9-301.
When does it come into effect?
A POA can state that the agent’s authority begins either immediately upon execution, at a future date, or upon the occurrence of a future event, such as the principal’s incapacity. Wyo. Stat. Ann. § 3-9-109(a).
If a power of attorney becomes effective upon a future date, occurrence, or event, a principal may designate one or more persons to determine that the future date, occurrence, or event has occurred in writing. Wyo. Stat. Ann. § 3-9-109(b).
If a POA becomes effective upon a future date, occurrence, or event, the principal may designate one or more persons to determine that the future date, occurrence, or event has occurred in writing. Absent a designation of who will determine the principal’s incapacity, this determination may be made by a physician or licensed psychologist who has evaluated the principal. Wyo. Stat. Ann. § 3-9-109(c)(i).
For the purpose of this determination, “incapacity” means the principal is unable to manage their property or business affairs for two main reasons due to an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance. Wyo. Stat. Ann. § 3-9-109(a)(v)(A).
How long does it last?
A POA lasts until the principal or agent dies or becomes incapacitated (if the power of attorney is not durable); the principal revokes the POA; the POA provides that it terminates upon some future date or event; the purpose of the POA is accomplished; or the agent’s authority is revoked pursuant to statute. Wyo. Stat. Ann. § 3-9-110.
How does one end it?
A principal may revoke a POA by either substantially complying with a method specified in the POA itself or by any method manifesting clear and convincing evidence of the principal’s intent to revoke the POA. Wyo. Stat. Ann. § 3-9-110.
What does an example look like?
A statutory POA form is available at Wyo. Stat. Ann. § 3-9-301. An agent’s certification form is provided at Wyo. Stat. Ann. § 3-9-302.
What else should one know?
Wyoming’s POA is based on the Uniform Power of Attorney Act.
Updated July 2022
Education
No information available at this time.
Health
Instrument: Power of Attorney for Health Care (POAHC)
What is it for?
An “power of attorney for health care” (POAHC) is a kind of advance health care directive that allows an adult (the “principal”) to appoint another (the “agent”) to make health care decisions on behalf of the principal in the event the principal lacks capacity to make them.
What does it do?
The POAHC allows an agent to make any health care decision the principal could have made while having capacity. The agent’s authority includes selection and discharge of health care providers and institutions; approval or disapproval of diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care. Wyo. Stat. Ann. § 35-22-402(a)(ix).
The power remains in effect notwithstanding the principal’s incapacity and may include instructions regarding the principal’s care, which are binding on the agent. Wyo. Stat. Ann. § 35-22-403(b).
An agent shall make a health care decision in accordance with the principal’s POAHC and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent shall consider the principal’s personal values to the extent known to the agent. Wyo. Stat. Ann. § 35-22-403(f).
How does one make it?
A POAHC must be in writing and signed by the principal or by another person at the principal’s expressed direction. The POAHC must be either notarized or witnessed by two adults who are not related to the principal and do not have a conflict of interest. Wyo. Stat. Ann. § 35-22-403(b).
When does it come into effect?
The agent’s authority comes into effect only upon a determination that the principal lacks capacity. Wyo. Stat. Ann. § 35-22-403(d). The principal’s primary physician must evaluate the principal and certify in writing that the principal lacks capacity. Wyo. Stat. Ann. § 35-22-412(b).
“Capacity” means an individual’s ability to understand the significant benefits, risks and alternatives to proposed health care and to make and communicate a health care decision. Wyo. Stat. Ann. § 35-22-402(a)(iv).
How long does it last?
The agent’s authority lasts until the principal dies, regains capacity as determined by their primary physician, or revokes it while having capacity. Wyo. Stat. Ann. § 35-22-403(c) & (e).
How does one end it?
A principal with capacity may revoke the designation of the agent only by a signed writing. Wyo. Stat. Ann. § 35-22-404(a). An individual is presumed to have capacity to make a health care decision, to give or revoke a POAHC, and to designate or disqualify a surrogate unless the primary physician has certified in writing that the patient lacks such capacity. Wyo. Stat. Ann. § 35-22-412(b).
What does an example look like?
Equal Justice Wyoming provides a sample POAHC form here.
What else should one know?
A health care provider or institution may not require or prohibit the execution or revocation of an advance health care directive, including a POAHC, as a condition for providing health care. Wyo. Stat. Ann. § 35-22-408(h).
Updated July 2022
General
No information available at this time.