It’s something you hope never happens. That's why it's hard to think about a family member or loved one becoming incapacitated. However, if that were to happen, someone else may need to make the big health care decisions. Under Wyoming law, a “durable power of attorney†can allow those decisions to be made. This is a brief summary of durable power of attorney laws in Wyoming.
Durable Power of Attorney Statutes
Durable power of attorney laws in Wyoming are highlighted in the chart below.
| Code Section | 3-5-201, et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | Consent, refusal of consent, or withdrawal of consent to any medical procedure, care, treatment, intervention, or nourishment by artificial means in the event of a terminal condition except for alleviation of pain and comfort care and consent to convulsive treatment, psychosurgery, or commitment to mental facility; does not affect health care treatment in an emergency |
| Legal Requirements for Durable Power of Attorney | (1) Signed; (2) dated; (3) 2 witnesses; (4) notarized; (5) attorney-in-fact authorized to make health care decisions |
| Revocation of Durable Power of Attorney | Principal's wishes if able to give informed consent take precedent over durable power of attorney. Revocable by (1) notifying attorney-in-fact in writing; (2) notifying health care provider in writing; (3) divorce if former spouse was attorney-in-fact; (4) a subsequent valid durable power of attorney for health care |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | - |
| Immunity for Attending Physician | No criminal, civil, or professional liability if acting in good faith |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Creating powers of attorney is not something to be taken lightly. It's an important legal decision with wide-ranging ramifications for both parties involved. Signing off on a power of attorney should be taken very seriously, especially when it comes to the health care of a loved one. If you would like legal assistance with a power of attorney matter, you can contact a Wyoming estate planning attorney. You can also visit FindLaw’s Living Wills and Power of Attorney section for more articles and resources on this topic.
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