Wyoming Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Wyoming who cannot decide: an agent, a guardian, or Wyoming's default surrogate order. Runs in your browser; nothing is stored.

Wyoming law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Wyoming

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Wyoming's default surrogate order

  1. Anyone the patient named by telling the primary health care provider
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. A grandparent
  6. An adult brother or sister
  7. An adult grandchild
  8. An adult who has shown special care and concern and knows the patient's values (Only if none of the listed family members is reasonably available)
What it covers
With no valid advance directive, a surrogate may make health care decisions, including DNR orders and artificial nutrition and hydration, for an adult the primary physician or provider finds lacks capacity, when no agent or guardian is available.
If more than one person is in the same group
The provider follows the majority of class members who have shared their views. The statute introduces the family order with the words "it is suggested that", so how binding the order is has not been settled by any decision found.
Who decides the person cannot decide
Capacity is presumed unless the primary physician certifies in writing that the patient lacks it.
Limits
  • When a class has several members, the provider must follow the majority of those who have shared their views.
  • The patient may disqualify anyone, including family, in writing or by telling the provider.
  • A provider may require a written declaration under penalty of perjury from anyone claiming to be surrogate.
  • A surrogate's decision takes effect without court approval.

Source: Wyo. Stat. Ann. 35-22-406 · Checked October 26, 2026

Next steps

Who decides in Wyoming without a power of attorney?

Wyoming's default surrogate law (Wyo. Stat. Ann. 35-22-406) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Anyone the patient named by telling the primary health care provider; the first relative listed is: Spouse.

Wyoming's default surrogate law in full

Wyoming's default surrogate order

  1. Anyone the patient named by telling the primary health care provider
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. A grandparent
  6. An adult brother or sister
  7. An adult grandchild
  8. An adult who has shown special care and concern and knows the patient's values (Only if none of the listed family members is reasonably available)
What it covers
With no valid advance directive, a surrogate may make health care decisions, including DNR orders and artificial nutrition and hydration, for an adult the primary physician or provider finds lacks capacity, when no agent or guardian is available.
If more than one person is in the same group
The provider follows the majority of class members who have shared their views. The statute introduces the family order with the words "it is suggested that", so how binding the order is has not been settled by any decision found.
Who decides the person cannot decide
Capacity is presumed unless the primary physician certifies in writing that the patient lacks it.
Limits
  • When a class has several members, the provider must follow the majority of those who have shared their views.
  • The patient may disqualify anyone, including family, in writing or by telling the provider.
  • A provider may require a written declaration under penalty of perjury from anyone claiming to be surrogate.
  • A surrogate's decision takes effect without court approval.

Source: Wyo. Stat. Ann. 35-22-406 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Wyoming if there is no power of attorney?

Wyoming's default surrogate law (Wyo. Stat. Ann. 35-22-406) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Anyone the patient named by telling the primary health care provider; the first relative listed is: Spouse. The full order, tie rule and limits are in Wyo. Stat. Ann. 35-22-406.

Does next of kin in Wyoming have authority over money?

No default surrogate law covers money. In Wyoming, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Wyoming law checked against the official text on October 26, 2026.

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