Wyoming
Wyoming Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
A Wyoming power of attorney (POA) lets one person (the principal) authorize another (the agent) to manage financial, property, or legal matters on their behalf. Wyoming adopted the Uniform Power of Attorney Act (UPOAA) effective January 1, 2018, codified at Wyo. Stat. sections 3-9-101 through 3-9-403. Under that framework, a financial POA is durable by default, meaning it survives the principal's incapacity unless the document expressly says otherwise. Execution requires only the principal's signature acknowledged before a notary public; witnesses are not required for a financial POA. Healthcare decision-making authority is handled under a completely separate statute: the Wyoming Health Care Decisions Act, Wyo. Stat. sections 35-22-401 through 35-22-416.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in Wyoming
A power of attorney is a written document through which a principal grants an agent the legal authority to act on the principal's behalf. Under the Wyoming UPOAA, the agent (sometimes called an attorney-in-fact) may exercise any power the document confers, subject to limits imposed by the statute and the document itself.
The scope of a Wyoming financial POA can be broad or narrow. A broad grant might cover real estate transactions, banking, investment management, business operations, tax filings, and benefit claims. A narrow or limited POA might authorize only a single transaction, such as the sale of a particular piece of property. The document controls what the agent may and may not do.
An agent acts as a fiduciary. That means the agent must act in the principal's best interest, avoid conflicts of interest, and keep records of transactions made on the principal's behalf. Authority under a financial POA does not extend to healthcare decisions. Those require a separate document, discussed below.
A Wyoming POA does not authorize the agent to act after the principal dies. At death, authority passes to the executor or administrator of the estate.
Durable Power of Attorney in Wyoming
Under Wyo. Stat. section 3-9-104, a power of attorney created on or after January 1, 2018 is durable unless the document expressly states that it terminates upon the principal's incapacity. This default-durability rule is a hallmark of the UPOAA and distinguishes Wyoming from older frameworks where a POA had to affirmatively claim durability to survive incapacity.
In practical terms, a Wyoming resident who executes a financial POA without any language about incapacity will automatically have a durable instrument. If the principal later develops dementia, suffers a serious injury, or otherwise loses capacity, the agent's authority continues without interruption. This allows the agent to keep paying bills, managing accounts, and handling real estate without going to court for a guardianship or conservatorship.
A principal who wants a non-durable POA must include clear language stating that the document terminates if the principal becomes incapacitated. A "springing" POA, one that only takes effect upon a future event such as incapacity, is permissible under Wyoming law but must be drafted with care: the document should specify exactly how incapacity is to be determined (typically by one or two licensed physicians) to avoid uncertainty.
How to Create a Valid Wyoming Power of Attorney
Signing and Notarization
Wyo. Stat. section 3-9-105 sets the execution requirements. A Wyoming POA must be signed by the principal or, if the principal is unable to sign, by another individual in the principal's conscious presence and at the principal's direction. A signature on a POA is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
No witnesses are required for a financial power of attorney under the Wyoming UPOAA. Notary acknowledgment alone satisfies the execution requirement and creates the presumption of genuineness that makes the document readily acceptable to banks, title companies, and other institutions.
Recording for Real Property
A Wyoming POA does not need to be recorded to be effective for most purposes. However, if the agent intends to execute a real estate conveyance on the principal's behalf, recording the POA with the county clerk where the property is located is strongly advisable to provide constructive notice to title insurers and buyers.
Out-of-State Powers of Attorney
A POA executed in another state is valid in Wyoming if it was properly executed under the law of the jurisdiction where it was created, under Wyo. Stat. section 3-9-106. Wyoming recognizes POAs validly executed under the laws of other states, territories, or foreign countries.
What a Wyoming Agent Can and Cannot Do
Fiduciary Duties
Under Wyo. Stat. section 3-9-114, an agent who accepts authority under a POA must:
- Act in accordance with the principal's reasonable expectations to the extent actually known, and otherwise act in the principal's best interest.
- Act loyally for the principal's benefit and avoid conflicts of interest that impair the agent's impartial judgment.
- Act in good faith.
- Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
- Keep records of all receipts, disbursements, and transactions made on the principal's behalf.
- Cooperate with anyone who has authority to make healthcare decisions for the principal.
- Attempt to preserve the principal's estate plan to the extent known and consistent with the principal's best interest.
An agent who breaches these duties is liable to the principal or the principal's estate for any resulting losses.
Hot Powers: Actions Requiring Explicit Authorization
Wyo. Stat. section 3-9-201 identifies a set of high-stakes powers that an agent may exercise only if the POA document specifically grants each one. These "hot powers" cannot be inferred from a general grant of authority. They include:
- Creating, amending, revoking, or terminating an inter vivos trust.
- Making gifts of the principal's property.
- Creating or changing rights of survivorship in property.
- Creating or changing a beneficiary designation on any account, insurance policy, or retirement plan.
- Delegating the agent's authority to another person.
- Waiving the principal's right to be a beneficiary of a joint and survivor annuity.
- Exercising fiduciary powers the principal holds over a trust or estate.
- Disclaiming property, including a power of appointment.
Even when hot powers are specifically granted, the agent generally may not benefit themselves beyond what the document expressly allows, and gift-making to any individual is limited to the annual federal gift-tax exclusion amount unless the document provides otherwise.
Third-Party Acceptance
Wyo. Stat. section 3-9-120 protects principals and agents against unreasonable refusals. A person asked to accept an acknowledged POA must accept it, or request a certification or translation, within seven business days of presentation. If a certification or translation is requested, acceptance is required within five business days after receipt. A person who refuses in bad faith may be liable for attorney fees and damages.
Health Care Decisions and Medical POA in Wyoming
Wyoming does not use a "medical power of attorney" as a standalone financial-law instrument. Healthcare decision-making authority is granted through an advance health care directive under the Wyoming Health Care Decisions Act, Wyo. Stat. sections 35-22-401 through 35-22-416.
Under Wyo. Stat. section 35-22-402, an "advance health care directive" means an individual instruction, a power of attorney for health care, or both. A single document can both appoint a healthcare agent and set out the principal's personal instructions for future care.
What a Healthcare Agent May Do
A healthcare agent's authority is broad. The agent may make any healthcare decision the principal could have made while having capacity, including:
- Selecting and discharging healthcare providers and facilities.
- Approving or refusing diagnostic tests, surgical procedures, and medication programs.
- Directing that care be provided, withheld, or withdrawn, including artificial nutrition and hydration.
- Making decisions about end-of-life treatment consistent with the principal's known wishes and values.
Execution Requirements for a Healthcare Directive
The execution requirements for a Wyoming advance health care directive differ from those for a financial POA. Under Wyo. Stat. section 35-22-403, the directive must be signed by the principal and either:
- Signed by two qualified witnesses, or
- Acknowledged before a notary public.
Witness restrictions apply. A witness may not be the agent named in the directive, a treating healthcare provider or an employee of that provider, the operator or an employee of a community care facility at which the principal is receiving care, or the operator or an employee of a residential care facility at which the principal is receiving care. These restrictions prevent conflicts of interest between the witness and the principal.
A financial POA under the UPOAA does not authorize healthcare decisions, and a healthcare directive does not authorize financial decisions. If both types of authority are needed, two separate documents must be executed.
Revocation of a Healthcare Directive
Under Wyo. Stat. section 35-22-404, a principal with capacity may revoke the designation of a healthcare agent only by a signed writing. If the principal executes a new directive that conflicts with an earlier one, the new instructions prevail. The principal should notify healthcare providers and any facilities holding a copy of the earlier directive when a revocation occurs.
Revoking or Ending a Wyoming Power of Attorney
Termination Events
Under Wyo. Stat. section 3-9-110, a Wyoming financial POA terminates when:
- The principal dies.
- The principal revokes the POA.
- The POA provides that it terminates upon a specific date or event, and that date or event occurs.
- The purpose for which the POA was created is accomplished.
- The principal becomes incapacitated, if the POA is not durable.
An agent's authority also terminates when the agent dies, becomes incapacitated, or resigns, unless the POA names a successor agent. If the agent is married to the principal and a legal action is filed to end the marriage or for legal separation, the agent's authority terminates unless the POA document expressly provides otherwise.
How to Revoke
A principal who has legal capacity may revoke a Wyoming POA at any time. Revocation can be accomplished by executing a written notice or by creating a new POA that expressly revokes all prior powers of attorney. The principal should deliver written notice of the revocation to the agent and to any institutions (banks, brokerages, title companies) that have a copy of the original document.
A critical rule under Wyo. Stat. section 3-9-110: termination of a POA or an agent's authority is not effective against an agent or third party until that person has actual knowledge of the termination. An agent who continues to act in good faith without knowing the POA has been revoked is not liable for those actions. For this reason, prompt written notice to all relevant parties is essential when revoking a Wyoming POA.
If the POA was recorded with a county clerk for real property purposes, recording a revocation instrument in the same office provides constructive notice.
Disclaimer: This page provides general legal information about Wyoming power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Wyoming attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
More Wyoming Laws
Frequently Asked Questions
Is a Wyoming power of attorney durable by default?
Yes. Under Wyo. Stat. section 3-9-104, a power of attorney created on or after January 1, 2018 is durable unless the document expressly states it terminates upon the principal's incapacity. If the document is silent on incapacity, it survives and remains effective even if the principal loses capacity. A principal who wants a non-durable POA must include clear language saying the POA ends upon incapacity.
Does a Wyoming power of attorney need to be notarized?
For a financial POA, notarization is the standard execution requirement. Under Wyo. Stat. section 3-9-105, a signature on a POA is presumed genuine if the principal acknowledges it before a notary public. Witnesses are not required. For a healthcare advance directive, the principal must have either two qualified witnesses or a notary, under Wyo. Stat. section 35-22-403.
What are 'hot powers' in a Wyoming power of attorney?
Hot powers are high-risk actions listed in Wyo. Stat. section 3-9-201 that an agent may not take unless the POA document specifically grants each one. They include making gifts, creating or amending a trust, changing beneficiary designations, creating survivorship rights, delegating authority, waiving survivorship annuity rights, exercising delegable fiduciary powers, and disclaiming property. A general grant of financial authority is not enough; each hot power must be expressly named.
Can a Wyoming financial POA be used to make healthcare decisions?
No. A financial POA under the Wyoming Uniform Power of Attorney Act (Wyo. Stat. sections 3-9-101 to 3-9-403) does not authorize healthcare decisions. To appoint a healthcare agent in Wyoming, a principal must execute a separate advance health care directive under the Wyoming Health Care Decisions Act (Wyo. Stat. sections 35-22-401 to 35-22-416). The two documents serve different purposes and are governed by different statutes.
How do you revoke a power of attorney in Wyoming?
A principal with legal capacity may revoke a Wyoming POA at any time by executing a written revocation and delivering it to the agent. Creating a new POA that expressly revokes prior ones is also effective. Under Wyo. Stat. section 3-9-110, revocation is not effective against an agent or third party until that person has actual knowledge of it. Written notice to the agent and any institutions holding the POA is therefore essential.
Does a Wyoming POA survive the principal's death?
No. A Wyoming power of attorney, including a durable POA, ends automatically at the principal's death under Wyo. Stat. section 3-9-110. A durable POA survives incapacity but not death. After the principal dies, authority over the estate passes to the executor named in the will, or to an administrator appointed by the court in an intestate estate. The agent has no further authority once the principal is deceased.
Did Wyoming adopt the Uniform Power of Attorney Act?
Yes. Wyoming enacted the Uniform Power of Attorney Act (UPOAA) effective January 1, 2018, codified at Wyo. Stat. sections 3-9-101 through 3-9-403. Wyoming's UPOAA-based framework makes financial POAs durable by default, sets notarization as the execution standard, and identifies a specific list of hot powers requiring express authorization. Healthcare decision-making remains under the separate Wyoming Health Care Decisions Act.
Updates
Replaced every statute citation link on this page (11 total, in the citations list and the body) that pointed to the Wyoming Legislature's generic statutes search page with a direct link to the specific cited section, and corrected one citation that named the wrong section number (the third-party-acceptance deadlines are in Wyo. Stat. 3-9-120, not 3-9-119).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
Sources and References
- Wyoming Uniform Power of Attorney Act, Wyo. Stat. sections 3-9-101 through 3-9-403(law.justia.com)
- Wyoming Health Care Decisions Act, Wyo. Stat. sections 35-22-401 through 35-22-416(law.justia.com)
- Wyoming Judicial Branch: Power of Attorney(wyocourts.gov)
- Wyoming Judicial Branch: Advance Directive(wyocourts.gov)
- Wyoming Senate File SF0105 (2017): Uniform Power of Attorney Act(wyoleg.gov)
- Wyoming Statutory Form Power of Attorney (Wyoming Judicial Branch, 2025)(wyocourts.gov)