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Power of Attorney

Common Questions About Power of Attorney

Understanding Powers of Attorney” is critical to estate planning. It is the single most important document you can sign. Bernie Krooks, a nationally-recognized expert in all aspects of elder law and special needs planning, shares his expertise in this informative video.

A power of attorney lets another person make decisions on your behalf. You can grant a person your power of attorney to buy and sell your property, pay your bills, change your will, or any other power that you specifically choose to give them.

There are good reasons you might want to grant someone your power of attorney. For instance, you may want a person to manage your property and finances in case you ever become too ill to do so. Or you might need someone to manage your affairs while you are gone for an extended period of time, such as an absence due to military service. In any case, it is important that you trust the person who has your power of attorney because it gives them a great deal of authority.

There are two basic types of powers of attorney in Wyoming, a power of attorney for finances and a power of attorney for health care decisions. A power of attorney for health care is often called an advance directive. Click here to learn more about advance directives.

A “durable” power of attorney is a power of attorney for finances that continues after you become too ill or disabled to make decisions. In Wyoming, all new powers of attorney for finances are durable unless the document says otherwise.

A power of attorney for health care allows you to designate a person to make medical decisions for you if you are unable to make medical decisions for yourself. The person you select as your agent will be authorized to make all health care decisions for you unless you limit the agent’s authority in the document. In Wyoming, a power of attorney for health care is considered a type of advance directive. Click here to learn more about advance directives.

The person to whom you grant your power of attorney is called your “agent”. Your agent should be an adult whom you trust completely and who is able to manage your finances. Any person you appoint will also have to agree to be your agent, so it should be someone who is willing to take on the responsibility.

A lawyer can be very helpful in answering questions and helping you complete a power of attorney, but a lawyer is not required. You should speak to a lawyer if you have any questions or do not understand any part of the power of attorney. Because powers of attorney give others a great deal of power over your property and finances, the advice of a lawyer is usually recommended.

You may change or cancel your power of attorney at any time. If you want to cancel your power of attorney, you must revoke it in writing. If you want to make changes, you may complete a new power of attorney which will replace the previous one.

If you change or cancel a power of attorney, it is important to notify everyone that has a copy and provide them with the new version or revocation. This helps to ensure that your current wishes are known and respected.

You should discuss your desires with the people that are close to you so they understand your wishes. A durable power of attorney gives a person a great deal of power over your property and finances, so it is important for your family and the person you appoint as your agent to understand your values when acting on your behalf. Make sure the person you appoint as your agent is willing to take on that responsibility and understands what your wishes are.

If you would like to complete a power of attorney for finances, you may contact an attorney. Click here for help finding a lawyer.

It is best to seek advice and assistance from a lawyer in completing a power of attorney, but you may complete a power of attorney without a lawyer if you choose. Click on the forms tab above for the statutory durable power of attorney form. This statutory form meets the requirements for granting a power of attorney in Wyoming.

Resources About Power of Attorney

Resources

Durable Power of Attorney Information Packet

A publication by University of Wyoming Extension with lots of information about durable powers of attorney in Wyoming. "Durable" is how people often refer to powers of attorney that only deal with property, as opposed to Powers of Attorney that give people authority to make healthcare decisions. A grant of a power of attorney is "durable" if your agent's powers continue after you can no longer make decisions due to illness or disability.

Power of Attorney
General information about Powers of Attorney from the American Bar Association.

Find a Lawyer
Click the link above to learn more about finding a legal aid or private attorney.

Wyoming Statutes and Court Rules
Wyoming Uniform Power of Attorney Act

  • Title 3, Chapter 9, Article 1 - General Provisions
  • Title 3, Chapter 9, Article 2 - Authority
  • Title 3, Chapter 9, Article 3 - Statutory Forms
  • Title 3, Chapter 9, Article 4 - Miscellaneous Provisions

Your local county library has print versions of Wyoming statutes and rules. The print set includes references to additional relevant Wyoming materials which you may find useful.

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