Wyoming
Wyoming Guardianship Laws: Minors, Adults and Conservators (2026)
Independently fact-checked against primary sources (last audited October 22, 2026). · 29 primary sources cited on this page. How we verify our legal content

In Wyoming, a district court appoints a guardian to care for the person of a minor or an "incompetent person" and a conservator to take custody and control of that person's property, under Title 3 of the Wyoming Statutes, "Guardian and Ward" (W.S. 3-1-101). The court may appoint a guardian if the petition's allegations about the proposed ward's status and the need for a guardian "are proved by a preponderance of the evidence" (W.S. 3-2-104(a)), and the same preponderance standard applies to a conservator (W.S. 3-3-104(a)). The statute uses that preponderance standard, not clear and convincing evidence, for both roles.
Wyoming uses one statute for children and adults alike. Its property-side role is the conservator, and the statute treats "guardian of the estate" and "guardian of the property" as meaning a conservator. The person is the "respondent" or "proposed ward" before the order and the "ward" after it (W.S. 3-1-101). For how other states handle these questions, see our guardianship laws by state overview.
Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Wyoming state law on guardianship and conservatorship of minors and adults in W.S. Title 3, the relative caregiver's temporary guardianship, standby petitions, powers of attorney as they bear on guardianship, and interstate transfer under W.S. 3-8-101 to 3-8-502. It does not cover custody disputes between parents (see Wyoming child custody laws), grandparent visitation (see Wyoming grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Wyoming probate), juvenile-court child-protection cases and foster care, which are a separate track, the separate veterans' guardianship chapter, or civil commitment.
Wyoming guardianship terms and where the law lives
Title 3 holds the whole subject: chapter 1 general provisions and the rights of proposed wards, chapter 2 guardians, chapter 3 conservators, and chapter 8 interstate jurisdiction. Wyoming built its own statute rather than adopting a model guardianship act, though chapter 8 "may be cited as the 'Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act'" (W.S. 3-8-101).
"Incompetent person" means an individual who, for reasons other than being a minor, is unable unassisted to properly manage and take care of himself or his property as a result of the medical conditions of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability;
W.S. 3-1-101(a)(ix)
Title 3 also defines a narrower "mentally incompetent person" class, limited to mental illness, mental deficiency or intellectual disability (W.S. 3-1-101(a)(xii)).
| Term | What it means in Wyoming | Source |
|---|---|---|
| Guardian | Appointed for a minor or an incompetent person; may be plenary, limited, emergency or standby | W.S. 3-1-101 |
| Conservator | Has custody and control of the ward's property; "guardian of the estate" and "guardian of the property" mean conservator | W.S. 3-1-101 |
| Plenary guardianship | "the appointment by the court carries the full range of duties allowable by law" | W.S. 3-1-101(a)(xiv) |
| Limited guardianship | "the appointment by the court is limited in scope of duties or duration of appointment" | W.S. 3-1-101(a)(xi) |
| Respondent / proposed ward / ward | The person before and after the order | W.S. 3-1-101 |
How to get guardianship of a child in Wyoming
"Any person may file with the clerk a petition for the appointment of a guardian" (W.S. 3-2-101(a)). The petition states the child's status as a minor, the reasons for the appointment, the proposed guardian's qualifications as a fit and proper person, and "The facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state" (W.S. 3-2-101(a)(v)). Venue is where the minor resides or is present (W.S. 3-1-103(a)). If the child is under a juvenile court's continuing jurisdiction, the district court may transfer the petition to the juvenile court (W.S. 3-2-101(b)), and the Department of Health or the Department of Family Services may petition to become guardian of a minor in its custody (W.S. 3-2-110(a)).

Notice. Notice of an involuntary guardianship petition goes to the proposed ward, the custodian and the proposed guardian, and to the proposed ward's parents, any agent under a known power of attorney, spouse and adult children who are known or can be found with due diligence. The court may decide for good cause that no notice is necessary when the proposed ward is under 18 (W.S. 3-2-102(b)). The manner of service follows the Wyoming Rules of Civil Procedure (W.S. 3-2-102).
The standard. The same preponderance standard applies to children: the court may appoint a guardian when the allegations about the proposed ward's status and the necessity for a guardian are proved by a preponderance of the evidence (W.S. 3-2-104(a)).
Who has priority.
(d) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of a minor in the following order: (i) The parent or parents of the minor; (ii) The person nominated as guardian in the will of the custodial parent; (iii) The person requested by a minor who has reached the age of fourteen (14) years; (iv) Any other person whose appointment would be in the best interests of the minor. (e) The court shall consider the priorities established in subsections (c) and (d) of this section, but shall not be bound by those priorities. The court shall appoint the person who is best qualified and willing to serve as guardian.
W.S. 3-2-107(d)-(e)
A minor 14 or older may also petition for his or her own guardian (W.S. 3-2-105(a)).
What a child's guardian decides
"The guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his unemancipated minor child. A guardian who is not a parent of the minor is not obligated to expend his own funds for the support of the ward" (W.S. 3-2-201(e)). A guardian may consent to the ward's marriage or adoption (W.S. 3-2-201(b)(vi)).
A child's money
A conservator manages a child's property, appointed on the same preponderance standard (W.S. 3-3-104(a)). For smaller amounts there is a route without one. Since 2025 Enrolled Act 80 took effect on July 1, 2025, a person who owes money or property to a minor with no conservator may pay "not more than ... twenty-five thousand dollars ($25,000.00) per annum," or deliver property worth not more than $25,000, to recipients the statute lists, such as the person the minor lives with, a guardian, or a federally insured interest-bearing account in the minor's sole name (W.S. 3-3-108(a)). The same act lets a parent entitled to custody receive up to $25,000 of a minor's money or property, on the parent's written assurance under oath that the minor's total estate does not exceed $25,000 (W.S. 14-2-202(a)), and lets a parent, guardian or conservator settle a minor's claim of up to $25,000 without court approval or a conservatorship, on an affidavit and subject to the statute's other conditions (W.S. 14-2-202(c)-(d)). The minor has a cause of action against a parent, guardian or conservator who fails to manage or apply the funds for the minor's sole benefit, fails to make a reasonable inquiry into the claim, or falsely states that the claim is not greater than $25,000 (W.S. 14-2-202(e)).
How a child's guardianship ends
A guardianship of a minor ceases when the child reaches the age of majority, unless the child has been adjudged an incompetent or mentally incompetent person (W.S. 3-3-1101(a)(i)). When a parent petitions to end it, "the court shall consider the best interests of the child while giving deference to the rebuttable presumption that a fit parent is entitled to custody of their child" (W.S. 3-3-1107(a)). If the parent had been determined unfit at the time of the appointment, the court may order a reintegration plan.
Effect on parental rights. Since July 1, 2025, a court in a termination proceeding may terminate the parent-child legal relationship if it finds by clear and convincing evidence that "The child has been appointed a guardian who is a relative of the child, the child has been under the guardian's care for at least twenty-four (24) consecutive months and a showing that the parent is unfit to have custody and control of the child" (W.S. 14-2-309(a)(x), as created by 2025 Enrolled Act 83). "Relative" there means a parent, stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt (W.S. 3-2-301(a)(iii)).
Can a parent name a guardian in a will in Wyoming?
A custodial parent's will can name a guardian, and that nominee ranks second for appointment, after the parents themselves (W.S. 3-2-107(d)(ii)). The nomination is a priority, not an automatic appointment: the court considers the priority order but is not bound by it and appoints "the person who is best qualified and willing to serve as guardian" (W.S. 3-2-107(e)). The same ranking applies to a conservator for a minor: the parent, then the custodial parent's will nominee, then a minor 14 or older's choice, then another willing person (W.S. 3-3-105).
Title 3's standby sections serve a different purpose. Under W.S. 3-2-108, "any person" may petition for a guardian "of the petitioner on a standby basis," following the standby-conservator procedure in which an adult of sound mind files a petition that the court acts on "only upon the occurrence of a specified event or on the existence of a described condition of the mental or physical health of the petitioner" (W.S. 3-3-301). It is a way for an adult to plan for his or her own future incapacity, not a parent's designation of a guardian for a child.
Letting a relative care for a child: the caregiver's temporary guardianship
Wyoming's relative-caregiver tool runs through the court, but quickly. A caregiver who is 18 or older, is the child's primary physical custodian and is a relative of the child may petition to be appointed temporary guardian for educational, medical care and dental care purposes (W.S. 3-2-301(a), 3-2-302(a)).
A temporary guardian for educational, medical care and dental care purposes may be appointed through an ex parte temporary guardianship order without notice to the child's natural parents if the court finds by a preponderance of the evidence from the petition and testimony, if any testimony is deemed necessary by the court, that temporary guardianship is in the best interest of the child and not detrimental to the interests of any other person and that no other person appears to have authority and willingness to act in the circumstances.
W.S. 3-2-302(b)
The parents are then served with notice of their right to a full hearing, and either parent may demand one. "Except upon a showing of good cause, an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes shall be limited to not more than one (1) year" (W.S. 3-2-302(d)). The caregiver must notify the court within 3 business days if the child leaves the caregiver's primary physical custody (W.S. 3-2-303). The order covers school, medical and dental decisions only. It is not a general transfer of custody.
How to become guardian or conservator of an adult in Wyoming
The petition
Any person may petition (W.S. 3-2-101(a)). For an adult, the petition states that the proposed ward is an incompetent or mentally incompetent person and the reasons (W.S. 3-2-101(a)(ii)). In any matter concerning an adult, chapter 8 decides whether Wyoming has jurisdiction (W.S. 3-2-101(c)). A petition for a guardian and a conservator may be combined and tried together, and "The same person may be appointed to serve as both guardian and conservator" (W.S. 3-1-105).
Notice
Notice of an involuntary petition is served on the proposed ward, the custodian and the proposed guardian, and on the parents, any agent or fiduciary under a known power of attorney, the spouse and adult children who are known or can be found with due diligence, except when the petition is a standby petition under W.S. 3-2-108 (W.S. 3-2-102). Title 3 leaves the manner of service to the Wyoming Rules of Civil Procedure.
The proposed ward's rights, counsel and a jury
The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship or conservatorship; (iv) Have a guardian ad litem appointed in accordance with Rule 17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointed upon order of the court; and (v) The least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances.
W.S. 3-1-205(a)
Read closely, the counsel clause makes appointed counsel a matter of court order: the statute gives the right "to have counsel appointed upon order of the court." Once a petition is filed, the Rules of Civil Procedure and Evidence govern, and "The petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure" (W.S. 3-2-103).
The guardianship sections in chapter 2, article 1 (W.S. 3-2-101 to 3-2-112) do not themselves require a physician's evaluation report or a court visitor before appointment; the guardian ad litem under Rule 17(c) is the investigating role the statute names (W.S. 3-1-205(a)(iv)). A guardian ad litem appointed under Title 3 reports to the court within 30 days on the proposed ward's condition with recommendations, and does not act as the proposed ward's legal counsel (W.S. 3-1-108(b)-(c)).
The burden of proof and the order
The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence.
W.S. 3-2-104(a)
The order must state the court's findings, including "(i) The reasons why the ward is in need of a guardian; (ii) The appointment of the guardian; (iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101; (iv) The limited or plenary duties of the guardian" (W.S. 3-2-104(b)). A conservator is appointed on the same standard (W.S. 3-3-104(a)).
Who serves as guardian of an adult
W.S. 3-2-107(c) sets a priority order for appointment as guardian of an incompetent person:
- a person the respondent nominated while having "the capacity to make a reasonably intelligent choice";
- the respondent's spouse;
- a person nominated in a deceased spouse's will;
- a parent;
- an adult child;
- a person named in a deceased parent's will;
- a relative the respondent lived with for six months or more in the prior year;
- a relative or friend with a sincere, longstanding interest in the respondent;
- any other person whose appointment is in the respondent's best interests; and
- "A person with a guardianship program for incompetent persons."
The court considers the order but "shall not be bound by those priorities" (W.S. 3-2-107(e)). A person is disqualified if he or she provides substantial professional or business services to the ward, is or will be the ward's creditor, has a conflicting interest, or is employed by such a person, although a spouse, adult child, parent or sibling may be appointed if the court finds the conflict insubstantial (W.S. 3-2-107).
A person's own power of attorney also counts. "In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination" (W.S. 3-9-108(a)).
What a Wyoming guardian can decide, and the ward's rights
A guardian's ordinary powers include determining and facilitating "the least restrictive and most appropriate and available residence," facilitating education and social activities, authorizing or withholding medical or other professional care, taking reasonable care of the ward's personal property, and asking the court to modify the guardian's duties as circumstances change (W.S. 3-2-201(a)). Some decisions need a judge first:
Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may: (i) Commit the ward to a mental health hospital or other mental health facility; (ii) Consent to the following treatments for the ward: (A) Electroshock therapy; (B) Psychosurgery; (C) Sterilization; (D) Other long-term or permanent contraception. (iii) Relinquish the ward's minor child for adoption, provided: ... (iv) Execute any appropriate advance medical directives, including durable power of attorney for health care under W.S. 35-22-403(b) and an individual instruction under W.S. 35-22-403(a).
W.S. 3-2-202(a)
Moving the ward to a new residence is not on that court-order list; choosing the least restrictive and most appropriate available residence is part of the guardian's ordinary powers under W.S. 3-2-201(a).
A ward has rights under W.S. 3-1-206(a), including the least restrictive and most appropriate guardianship or conservatorship (subject to the statute's preference order), the least restrictive residential, educational and employment environments, and "Freedom from inappropriate physical or chemical restraints." "The appointment of a guardian or conservator does not constitute an adjudication that the ward lacks testamentary capacity" (W.S. 3-1-201).
Concerns about a guardian. Any person who has reason to believe a guardian or conservator is not properly discharging his or her duties must report the allegations and the relevant supporting facts in writing, with the verification W.S. 3-1-111(a) requires, to the clerk of the district court that established the guardianship.
Reports every six months
The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as well as providing a description of those actions the guardian has taken on behalf of the ward: (i) Within six (6) months of the guardian's appointment; (ii) Every six (6) months following the initial report; (iii) Within thirty (30) days of his removal or resignation from, or the termination of, the guardianship; (iv) At other times as the court may order.
W.S. 3-2-109(a)
The court keeps a calendar of report dates and issues an order to show cause for contempt when a report is late, and a guardian's fees may not be approved unless all reports are current (W.S. 3-2-109, 3-2-111(b)).
Conservators: inventory, accounts, bond and costs
Any person may petition for an involuntary conservator, and a person 14 or older may petition for his or her own (W.S. 3-3-101, 3-3-106). The order states whether the duties are limited or plenary and the term.
- Inventory. "Within ninety (90) days after the date of his appointment, or, within additional time allowed by the court, a conservator shall file in the court a verified inventory" (W.S. 3-3-602).
- Accounting. A conservator files a verified report and accounting each year within 60 days after the anniversary of appointment unless the court orders otherwise on good cause shown, and also on resigning (before the resignation is accepted), within 30 days of removal, within 60 days of termination unless the court extends that time, and when the court orders (W.S. 3-3-901(a)). No order approving an annual report is entered until the court costs of the guardianship or conservatorship are paid or provided for (W.S. 3-3-1001).
- Bond. Title 3 makes the probate code's provisions (W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834) govern the bond of a conservator (W.S. 3-1-106). The probate code's general rule is a bond with two or more individual sureties or one corporate surety, in an amount not less than the value of the personal property plus the probable annual rents, profits and issues of real property (W.S. 2-3-102). An adult who files a voluntary standby petition for his or her own future conservator may ask in it that the appointment be made without bond or with a bond of a stated sum, and the court gives due regard to that request (W.S. 3-3-301, 3-3-302). "A guardian or limited guardian shall not be required to give bond unless the court, for good cause, finds that the best interest of the ward requires a bond" (W.S. 3-1-106).
- Court approval. A conservator needs a court order, after notice and hearing, to sell, mortgage, exchange, pledge or lease the ward's real or personal property (including the homestead), to compromise or settle a claim, to use the estate to support someone the ward is legally liable to support, or to create a written revocable trust with a Wyoming corporate trustee for the ward's assets (W.S. 3-3-607(a)). Gifts require a court order for good cause and may go only to people or organizations the ward regularly gave to before the conservatorship (W.S. 3-3-801).
- Costs. "The ward or his estate shall be charged with the court costs of a guardianship of a ward, including the reasonable fees of the guardian and the attorney for the guardian" (W.S. 3-3-1002). A guardian's fees must be reasonable and appropriate and approved by the court (W.S. 3-2-111(a)).
When a conservator is appointed for a principal who has a power of attorney, the agent is accountable to the conservator, and the power of attorney continues unless the court limits, suspends or terminates it (W.S. 3-9-108(b)).
Temporary and emergency guardianship
Except upon a showing of good cause, an order appointing a temporary guardian of an adult ward shall be limited to not more than ninety (90) days. The court may order an extension of the temporary guardianship for not more than an additional ninety (90) days, or conversion to a guardianship or conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101 through 3-3-106. (c) Except upon a showing of good cause, an order appointing a temporary guardian of a minor ward shall be limited to not more than one (1) year.
W.S. 3-2-106(b)-(c)
An emergency guardian requires a finding that following the usual procedures will likely cause substantial harm to the person and that no other person appears to have authority and willingness to act, and a guardian ad litem is appointed at once (W.S. 3-2-106). "Appointment of an emergency guardian, with or without notice, is not a determination of the proposed ward's incapacity" (W.S. 3-2-106(f)). When the court appoints an emergency guardian without notice, it must find the likely substantial harm by a preponderance of the evidence, notice must follow within 48 hours, and "The court shall hold a hearing on the appropriateness of the appointment within seventy-two (72) hours after the appointment" (W.S. 3-2-106(e)). An emergency guardian appointed without notice may make only medical decisions and may not commit the ward to a mental health facility, execute advance directives, or direct the withdrawal of life-sustaining procedures.
A temporary conservator's order "shall be limited to not more than ninety (90) days" (W.S. 3-3-107(b)), with one 90-day extension available.
How a Wyoming guardianship ends
Under W.S. 3-3-1101(a), a guardianship ceases and a conservatorship terminates on events that include:

- a minor reaching the age of majority, unless the minor has been adjudged an incompetent or mentally incompetent person;
- the death of the ward;
- "A determination by the court that the ward is competent and capable of managing his property and affairs, and that the continuance of the guardianship or conservatorship is not in his best interest";
- the guardian not acting in the ward's best interest, in which case the court appoints another; or
- the guardianship being no longer necessary for any other reason.
The ward can start the process: "At any time, not less than six (6) months after the appointment of a guardian or conservator, the ward may petition the court alleging that he is no longer a proper subject of the guardianship or conservatorship and asking that the guardianship or conservatorship be terminated" (W.S. 3-3-1105(a)). If the court denies the petition, the ward may not file another for six months (W.S. 3-3-1105(b)).
Alternatives to guardianship in Wyoming
The proposed ward's statutory right to "the least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances" (W.S. 3-1-205(a)(v)) makes the person's own planning matter.
- Powers of attorney. A power of attorney can nominate a future guardian or conservator, and the court follows the most recent nomination except for good cause or disqualification (W.S. 3-9-108(a)). A health-care agent's decision takes precedence over a guardian's unless a court orders otherwise (W.S. 35-22-407(b)). Signing rules are on our Wyoming power of attorney laws page. Free drafting tools are available for a Wyoming power of attorney and a Wyoming advance directive; a document is valid only if it is signed the way Wyoming law requires.
- Health-care surrogates. Where no valid advance directive exists and no agent or guardian is reasonably available, a surrogate may make health care decisions for a patient the primary physician or primary health care provider has found to lack capacity. The patient may designate any individual by personally informing the primary health care provider; otherwise the statute suggests, in descending order of priority, the spouse unless legally separated, an adult child, a parent, a grandparent, an adult brother or sister, and an adult grandchild, and then an adult who has shown special care and concern for the patient and knows the patient's personal values (W.S. 35-22-406(a)-(c)). Unless related to the patient by blood, marriage or adoption, an owner, operator or employee of the residential or community care facility where the patient receives care may not act as surrogate (W.S. 35-22-406(j)).
- Standby planning. An adult of sound mind may file a conditional petition for his or her own future conservator, and any person may file a standby guardianship petition for himself or herself, acted on only when the stated event or condition occurs (W.S. 3-2-108, 3-3-301).
- Small payments to a minor. The $25,000 per-year payment route in W.S. 3-3-108 can avoid a conservatorship for a child's modest funds.
Federal benefits follow their own rules: Social Security appoints its own representative payee and may choose someone other than a court-appointed guardian (20 C.F.R. § 404.2001). Our guardianship hub covers the federal layer.
Moving to or from Wyoming with a guardianship
Wyoming has the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at W.S. 3-8-101 to 3-8-502. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (W.S. 3-8-301(a)). The court provisionally grants the transfer if it is satisfied the other state's court will accept the guardianship and finds that the person is physically present in or reasonably expected to move permanently to the other state, that no objection was made or the objector did not show the transfer would be contrary to the person's interests, and that plans for care and services in the other state are reasonable and sufficient (W.S. 3-8-301(d)).
For a guardian coming from another state: "If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office" (W.S. 3-8-401).
Recent changes
- 2025 Enrolled Act 80 (SF0010), effective July 1, 2025: raised the W.S. 3-3-108 payment-to-a-minor limit to $25,000 per year and allowed settlement of a minor's claim up to $25,000 without court approval, subject to the act's conditions.
- 2025 Enrolled Act 83 (SF0022), effective July 1, 2025: created W.S. 14-2-309(a)(x), making 24 consecutive months in a relative guardian's care plus parental unfitness a ground for terminating parental rights when established by clear and convincing evidence.
Wyoming guardianship at a glance
| Question | Wyoming rule | Statute |
|---|---|---|
| Where the law lives | Title 3, Guardian and Ward, for minors and adults | W.S. 3-1-101 et seq. |
| Who may petition | Any person | W.S. 3-2-101(a) |
| Burden of proof | Preponderance of the evidence, for guardians and conservators | W.S. 3-2-104(a), 3-3-104(a) |
| Lawyer for the proposed ward | Counsel appointed upon order of the court; guardian ad litem under Rule 17(c) | W.S. 3-1-205(a)(iv) |
| Jury | Petitioner, proposed ward or custodian may demand one under the Rules of Civil Procedure | W.S. 3-2-103 |
| Least restrictive | Right to the least restrictive and most appropriate guardianship or conservatorship | W.S. 3-1-205(a)(v) |
| The order | States reasons, duration (term or permanent), and limited or plenary duties | W.S. 3-2-104(b) |
| Guardian reports | Within six months of appointment, then every six months, and at the other listed times | W.S. 3-2-109(a) |
| Conservator inventory / accounts | Verified inventory within 90 days; verified report and accounting each year within 60 days of the anniversary unless the court orders otherwise for good cause, and at the other listed times | W.S. 3-3-602, 3-3-901(a) |
| Bond | Conservator: probate-code bond rules apply (W.S. 2-3-102); guardian: none unless the court, for good cause, finds the ward's best interest requires one | W.S. 3-1-106 |
| Temporary adult guardian | Not more than 90 days absent good cause, plus up to 90 more or conversion | W.S. 3-2-106(b) |
| Emergency guardian without notice | Notice within 48 hours; hearing within 72 hours; medical decisions only | W.S. 3-2-106 |
| Temporary minor guardian | Not more than one year absent good cause | W.S. 3-2-106(c) |
| Priority for a child | Parents, then the custodial parent's will nominee, then a minor 14+'s choice; court not bound | W.S. 3-2-107(d)-(e) |
| Relative caregiver | Ex parte temporary guardianship for school, medical and dental purposes; one year absent good cause | W.S. 3-2-302 |
| Parent's petition to end a child's guardianship | Best interests, with deference to the fit-parent presumption | W.S. 3-3-1107(a) |
| Ward's petition to end | Not less than six months after appointment; six-month bar after a denial | W.S. 3-3-1105 |
| Interstate | Transfer out and registration of out-of-state orders | W.S. 3-8-301, 3-8-401 |
Related Wyoming pages
- Guardianship laws by state
- Wyoming power of attorney laws
- Wyoming child custody laws
- Wyoming grandparents' rights
- Wyoming probate
- Montana guardianship laws
- Colorado guardianship laws
This article provides general legal information about Wyoming guardianship and conservatorship law, not legal advice. Cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Wyoming or the district court that would hear the case.
Last updated: October 20, 2026.
Frequently Asked Questions
How do I get guardianship of my grandchild in Wyoming?
Any person may petition the district court (W.S. 3-2-101(a)); the petition must state the facts showing the child's best interest requires a guardian, and the court may appoint one when the allegations are proved by a preponderance of the evidence (W.S. 3-2-104(a)). The child's parents have first priority to serve, and the court considers the priority order but is not bound by it (W.S. 3-2-107(d)-(e)).
Can a grandparent get temporary guardianship in Wyoming for school and medical care?
A relative who is 18 or older and is the child's primary physical custodian may petition for a temporary guardianship for educational, medical and dental purposes, which the court may grant ex parte on a preponderance finding that it is in the child's best interest and no one else has authority and willingness to act (W.S. 3-2-302(b)). Except on good cause the order lasts no more than one year, and either parent may demand a full hearing (W.S. 3-2-302(d)).
What is the burden of proof for guardianship in Wyoming?
A preponderance of the evidence: the court may appoint a guardian if the petition's allegations about the proposed ward's status and the need for a guardian are proved by a preponderance of the evidence (W.S. 3-2-104(a)). The same standard applies to conservators (W.S. 3-3-104(a)).
Does the person get a lawyer in a Wyoming guardianship case?
The proposed ward has the right to a guardian ad litem under Wyoming Rule of Civil Procedure 17(c) and to have counsel appointed upon order of the court (W.S. 3-1-205(a)(iv)). The guardian ad litem does not act as the proposed ward's legal counsel (W.S. 3-1-108(c)). The proposed ward may also demand a jury trial under the Rules of Civil Procedure (W.S. 3-2-103).
Can a parent name a guardian in a will in Wyoming?
Yes, as a priority. The person nominated in the custodial parent's will ranks second for appointment after the parents, but the court is not bound by the order and appoints the person best qualified and willing to serve (W.S. 3-2-107(d)-(e)).
How often does a Wyoming guardian have to report?
Within six months of appointment, every six months after that, within 30 days of removal, resignation or termination, and whenever the court orders (W.S. 3-2-109(a)).
How long does a temporary guardianship last in Wyoming?
Except on a showing of good cause, a temporary guardianship of an adult is limited to 90 days, with a possible extension of up to 90 more days or conversion to a regular proceeding, and a temporary guardianship of a minor to one year (W.S. 3-2-106(b)-(c)).
Can a long guardianship affect a parent's rights in Wyoming?
Since July 1, 2025, a court may terminate the parent-child legal relationship if it is established by clear and convincing evidence that a relative guardian has cared for the child for at least 24 consecutive months and that the parent is unfit to have custody and control of the child (W.S. 14-2-309(a)(x), 2025 Enrolled Act 83).
How does a ward end a guardianship in Wyoming?
The ward may petition at any time not less than six months after the appointment, alleging that he or she is no longer a proper subject of the guardianship (W.S. 3-3-1105(a)). A guardianship ceases when the court determines the ward is competent and capable of managing his or her property and affairs and that continuing it is not in the ward's best interest, among other events in W.S. 3-3-1101(a).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 3 - Guardian and Ward - Chapter 2: Guardianships - Article 1: Appointment of Guardian
§ 3-2-104Appointment of guardian.In forcecited in 2 of our articles
(a) The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence. (b) The order appointing a guardian shall state the findings of the court, including: (i) The reasons why the ward is in need of a guardian; (ii) The appointment of the guardian; (iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101; (iv) The limited or plenary duties of the guardian.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- In the Matter of Guardianship of Meo (Wyoming Supreme Court 2006, 138 P.3d 1145)“…have been “prove[n] by a preponderance of the evidence.” Wyo. Stat. Ann. § 3-2-104 (a). When making an appointment, the di…”
- In Re Srb-M (Wyoming Supreme Court 2009, 201 P.3d 1115)“…p was necessary. [¶15] In MEO, the governing statute was Wyo. Stat. Ann. § 3-2-104 (a) (LexisNexis 2007), which provided a…”
- In the Matter of the Guardianship of Mkh, Minor Child. Brenda Clark v. Aaron Huffer (Wyoming Supreme Court 2016, 2016 WY 103)“…ted or plenary duties of the guardian. Wyo. Stat. Ann. § 3-2-104 (LexisNexis 2015). [¶29] There is no q…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Grandparents' Rights: A Thin Statute Untested Against Troxel
Wyoming Statutes, Title 3 - Guardian and Ward - Chapter 1: General Provisions - Article 2: Rights and Title of Ward
§ 3-1-205Rights of proposed ward.In force
(a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship or conservatorship; (iv) Have a guardian ad litem appointed in accordance with Rule 17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointed upon order of the court; and (v) The least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances. (b) The rights in subsection (a) of this section may be exercised by the proposed ward, his legal counsel or guardian ad litem.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- W.S. Title 3, Guardian and Ward, § 3-1-101 Definitions(wyoleg.gov).gov
- W.S. 3-2-104, Appointment of guardian(wyoleg.gov).gov
- W.S. 3-3-104, Appointment of conservator(wyoleg.gov).gov
- W.S. 3-1-205, Rights of proposed ward(wyoleg.gov).gov
- W.S. 3-2-103, Procedure; jury trial(wyoleg.gov).gov
- W.S. 3-2-109, Reports of guardian(wyoleg.gov).gov
- W.S. 3-2-107, Priority for appointment of guardian(wyoleg.gov).gov
- W.S. 3-2-301 to 3-2-303, Temporary guardianship by a relative caregiver(wyoleg.gov).gov
- 2025 Wyoming Enrolled Act 83 (SF0022), guardianship as a ground for termination of parental rights(wyoleg.gov).gov
- W.S. 3-2-106, Temporary and emergency guardians(wyoleg.gov).gov
- W.S. 3-2-202, Powers requiring court order(wyoleg.gov).gov
- W.S. 3-3-1105, Petition by ward for termination(wyoleg.gov).gov
- W.S. 3-8-101, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act(wyoleg.gov).gov
- W.S. 3-2-101, Petition for appointment of guardian(wyoleg.gov).gov
- W.S. 3-2-102, Notice(wyoleg.gov).gov
- W.S. 3-2-201, Powers and duties of guardian(wyoleg.gov).gov
- 2025 Wyoming Enrolled Act 80 (SF0010), settlements and payments for minors(wyoleg.gov).gov
- W.S. 3-3-1101 and 3-3-1107, Termination of guardianship(wyoleg.gov).gov
- W.S. 3-2-108 and 3-3-301, Standby petitions(wyoleg.gov).gov
- W.S. 3-1-105, Combined guardian and conservator petitions(wyoleg.gov).gov
- W.S. 3-9-108, Nomination of guardian or conservator in a power of attorney(wyoleg.gov).gov
- W.S. 3-1-206, Rights of ward(wyoleg.gov).gov
- W.S. 3-1-111, Reports of improper conduct by a guardian or conservator(wyoleg.gov).gov
- W.S. 3-3-602 and 3-3-901, Conservator inventory and annual accounting(wyoleg.gov).gov
- W.S. 3-1-106, Bond(wyoleg.gov).gov
- W.S. 3-3-1002, Costs charged to ward(wyoleg.gov).gov
- W.S. 35-22-406 and 35-22-407, Health care surrogates and priority of decisions(wyoleg.gov).gov
- 20 C.F.R. § 404.2001, Representative payment(www.law.cornell.edu)
- W.S. 3-8-301 and 3-8-401, Transfer and registration of guardianships(wyoleg.gov).gov
- Wyoming Statutes Title 2, Wills, Decedents' Estates and Probate Code (W.S. 2-3-102)(wyoleg.gov).gov