Wyoming Advance Directive Form [PDF]

An advance directive in Wyoming is a legal document that allows individuals to outline their preferences for medical care in situations where they cannot communicate their wishes.

This document can include instructions regarding end-of-life treatments (a living will) or the appointment of a trusted agent to make health care decisions on their behalf (a durable power of attorney for health care, also known as a medical power of attorney).

Healthcare advance directive is created as part of advance care planning to ensure that an individual's medical decisions are documented and respected in the future.

Signing Requirements for Wyoming Advance Health Care Directive

As outlined in Section 35-22-403(b) of Wyoming Statutes, creating a healthcare advance directive requires you to meet the following guidelines:

Wyoming Advance Health Care Directive Revocation & Changing

Wyoming advance directive becomes effective when the principal is deemed incapable of making or communicating their own medical decisions due to incapacitation. This determination is typically made by the attending physician or health care provider, who must assess and confirm the principal’s inability to understand, make, or express medical care decisions.

According to Section 35-22-404, the principal may revoke their designated agent by signing a written document confirming the revocation. Other parts of the advance directive for health care can be revoked at any time through any method that clearly shows the principal’s intent to do so.

If the principal’s spouse is named as their agent, this designation is automatically canceled upon divorce or legal separation unless otherwise specified in the advance directive form or court decree. Finally, if a newer advance directive is created, it overrides any conflicting provisions in an earlier directive.

Additional Legal Considerations for Wyoming Advance Health Care Directive

According to Section 35-22-409, an agent has the same rights as the principal to access medical information. This includes the ability to request, view, copy, and approve the sharing of the principal’s medical records unless the health care advance directive states otherwise.

As stated in Section 35-22-413, a copy of an advance directive in Wyoming or its revocation is just as valid and enforceable as the original document.

How to Choose a Health Care Agent in Wyoming

To choose a Wyoming health care proxy (agent), select someone you trust who is at least 18 years old and mentally capable. Consider selecting a person who understands your values, communicates effectively with doctors, and can handle medical decisions under pressure.

Close family members, trusted friends, and partners are the most common choices. On the other hand, your health care provider or an employee of a health care facility cannot serve as your agent unless they are a close relative.

Note that discussing your preferences in advance to ensure agents are comfortable with the responsibility is essential when making this decision.

What Happens if You Don’t Have an Advance Directive in Wyoming?

If you don't have an advance directive in Wyoming, a surrogate may be chosen to make health care decisions on your behalf. This situation applies if you are an adult or emancipated minor and have been determined by your primary physician or healthcare provider to lack the capacity to make your own decisions.

A surrogate is chosen only if no agent or guardian has been appointed or is available, which could result in decisions being made by someone you did not personally select. This person may not fully understand your values or preferences and could make medical choices that don’t reflect your wishes.