Medical power of attorney in Wyoming: how it works, how to sign
The short answer
In Wyoming, a power of attorney for health care names an agent to make medical decisions when you can't. Sign it before a notary or two qualifying witnesses. If you name nobody, the law suggests your spouse, adult child, parent, grandparent, sibling, adult grandchild, then a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Wyoming's answer is flexible, with a few rules worth knowing. This page covers what the document is called, how to sign it, who can't witness it, where living will wishes go, and what happens if you name nobody. It is part of our guides to estate planning in each state. For the basics of the role, see what a medical power of attorney is.
What is the document called in Wyoming?
Wyoming law uses the umbrella term "advance health care directive." That means an individual instruction, a "power of attorney for health care," or both (W.S. 35-22-402).
The power of attorney for health care names your agent. An individual instruction states your wishes about treatment. Many people put both in one document.
How do I sign one in Wyoming?
The power of attorney for health care must be in writing and signed by you, or by someone else in your presence at your direction (W.S. 35-22-403).
Then it needs one of these:
- A notary, who takes your acknowledgment, or
- Two witnesses, each declaring under penalty of perjury that they know you and that you signed or acknowledged the document in their presence.
This differs from Wyoming's financial power of attorney, which needs only your signature, though a notary is wise (W.S. 3-9-105). Our Wyoming power of attorney guide covers that document.
Wyoming has no current statutory form for health care. The old form section was repealed in 2007. So any document that meets the signing rules works.
Who can't be my witness?
If you use witnesses instead of a notary, some people are ruled out (W.S. 35-22-403):
| Person | Can be a witness? |
|---|---|
| The agent you are naming | No |
| A treating health care provider, or the provider's employee | No |
| The operator or an employee of a community care facility | No |
| The operator or an employee of a residential care facility | No |
| A friend, neighbor or relative who is none of the above | Yes |
Unlike some states, Wyoming's list doesn't bar relatives as witnesses. Still, a notary is the simplest path for most people.
One limit on agents: unless they are related to you, your agent can't be an owner, operator or employee of a residential or community care facility where you are receiving care.
When does my agent's authority start?
Unless your document says otherwise, only when you are found to lack capacity. It stops if you recover (W.S. 35-22-403).
Your primary physician usually makes that determination. The document stays in effect through later incapacity, which is the point.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. Your agent must follow your instructions and other known wishes, and otherwise decide based on your best interest and your personal values.
Do I need a living will too?
Wyoming no longer has a separate living will law. The old Living Will Act was repealed in 2005 (Wyoming Statutes Title 35).
Today, end-of-life wishes go in an "individual instruction." It can be oral or written, and the statute sets no witness or notary rule for it. It can be limited to take effect only if a certain condition arises (W.S. 35-22-403).
Writing it down is still wise. If you revoke an instruction out loud, that revocation must be put in writing as soon as possible (W.S. 35-22-404). Our post on health care power of attorney vs living will explains how the two ideas fit, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Wyoming has a default list. It applies when you have no valid advance directive and no agent or guardian is available, and your doctor has found that you lack capacity (W.S. 35-22-406).
First, Wyoming lets you name a surrogate just by telling your primary health care provider. That is unusual. But it depends on a conversation being remembered and recorded, so a signed document is far sturdier.
Otherwise, the statute suggests family members in this order:
| Order | Who may decide |
|---|---|
| 1 | Your spouse, unless legally separated |
| 2 | An adult child |
| 3 | A parent |
| 4 | A grandparent |
| 5 | An adult brother or sister |
| 6 | An adult grandchild |
| 7 | A close friend |
Notice that grandparents rank above brothers and sisters. That is different from many states.
A close friend can act only if none of the relatives above is reasonably available. The friend must be an adult who has shown special care and concern for you, knows your personal values, and is reasonably available. A friend who works at or owns a care facility where you live can't serve.
If people in the same group disagree, such as several adult children, the provider follows the majority of those who have shared their views. You can also rule someone out by a signed writing or by telling your provider.
Our page on who decides for me explains the general picture. The 50-state guide to default decision-makers compares other states, and our post on medical decisions without a power of attorney explains what families face.
Here is a typical case, a composite. Margaret is 74, widowed, and lives in Cody. Her daughter lives in Oregon. Her friend Ann drives her to appointments and knows what she would want. Without a document, Ann would rank seventh. Margaret names Ann as her health care agent and her daughter as backup, and signs before a notary.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital, which may be hours away? Will they follow your wishes even when they would choose differently?
A short checklist:
- They know what you want, because you have told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You have named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
When your health papers are done, our Wyoming probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Wyoming?
Not necessarily. It must be notarized or signed by two witnesses. Witnesses can't be your agent, your treating provider or their employee, or a care facility operator or employee.
Can a family member witness my Wyoming power of attorney for health care?
Yes. Wyoming's list of people who can't witness does not include relatives. It does exclude your agent, so a relative you are naming as agent can't witness.
Who makes medical decisions in Wyoming if there's no power of attorney?
Anyone you named by telling your primary provider comes first. Then the statute suggests your spouse, an adult child, a parent, a grandparent, an adult sibling, an adult grandchild, and finally a close friend.
Does Wyoming have a living will form?
No. Wyoming repealed its living will law in 2005 and its statutory health care form in 2007. You can state your wishes in an individual instruction, ideally in writing as part of your power of attorney for health care.
Can a close friend make medical decisions for me in Wyoming?
Yes, if you name the friend as your agent. Without that, a close friend comes last on the list and can act only if no relative above is reasonably available.
Sources
This page is general information, not legal or financial advice. Laws vary by state.