The Wyoming durable power of attorney (durable POA) is a legal document that enables one person, called the agent or the attorney-in-fact, to act on behalf of the person issuing the durable power of attorney, called the principal.
The principal can authorize the agent to represent them in matters related to governmental, financial, legal, or other affairs and interact with any third person in that regard.
The term durable indicates that the validity and effectiveness of the power of attorney will not be affected by the principal’s incapacity.
The principal can use the Wyoming durable power of attorney in every situation when they are not able to personally complete a certain action or make a certain decision.
Durable Power of Attorney Laws & Requirements in Wyoming
Laws & Requirements
Relevant laws: Title 3, Chapter 9 - Uniform Power of Attorney Act
Signing requirements: A principal or another person in their conscious presence must sign the Wyoming durable power of attorney. (§ 3-9-105)
Statutory form: The Wyoming Statute in § 3-9-301 provides the power of attorney statutory form.
“Durable” as defined by the state law: According to § 3-9-102(a)(ii), "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity.
How to Fill out a Durable Power of Attorney in Wyoming
#1. Designate an Agent
Firstly, you should determine the person who will act on your behalf and represent your interests as an agent. The agent should be an adult with legal capacity. Moreover, it should be a trustworthy person, especially if you are planning to authorize them to make decisions about your finances or medical care.
Once you have determined the agent, enter their full name and mailing address in the durable power of attorney form.
Here, you can also name the successor agent. They will act in case the primary agent loses their legal capacity or, in some other way, becomes unable to represent you.
#2. Grant Authority
After determining the agent, you should define their scope of authority.
The Wyoming Durable Power of Attorney Act provides three main methods for determining your agent’s scope of authority:
Scope of Authority
General authority. This option enables you to authorize your agent to take all the necessary actions and interact with all third parties on your behalf. You can limit the general authority by providing a list of activities that are not included in your agent’s scope of authority.
Partial authority. Here, you can select the activities you want to include in your agent’s scope of authority from the list of activities provided in the durable power of attorney form.
Special authority. This option enables you to define the agent’s scope of authority in your own words. In this way, you can include the activities that are not provided in the Durable Power of Attorney Act.
#3. Ensure the Form is Durable
In Wyoming, the power of attorney is durable by default, meaning that you must explicitly state in the document if you want the power of attorney to be non-durable.
#4. Sign the Form
The principal, or another person in their conscious presence and guided by the principal, must sign the Wyoming durable power of attorney. No witnesses are required.
#5. Notarize the Form
In Wyoming, the durable power of attorney must be notarized. By notarizing the power of attorney, the notary public will confirm the authenticity of the document and prevent any future disputes in that regard.
#6. Store Your Durable Power of Attorney Form
After making the final draft and signing the document, you should keep the original copy in your possession and store it in a safe place.
Additionally, you can give one copy to the agent so they can prove their capacity to any third party they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Wyoming
You can revoke the durable power of attorney by making a verbal or written revocation, destroying the document with the intention of revoking it, or by making a new power of attorney that revokes the previous one.
However, the best way to revoke the Wyoming durable power of attorney is to write a revocation letter. This letter should include all the relevant information that will help the parties individualize the power of attorney that is being revoked.
To make the revocation effective, you should give one copy of the revocation letter to the agent and to every third party the agent interacts with on your behalf.