Free Wyoming Durable Power of Attorney Form

A Wyoming durable power of attorney appoints an agent to act on your property and financial affairs, with authority built to survive your incapacity. The Uniform Power of Attorney Act, at chapter 9 of Title 3 of the Wyoming Statutes, governs it.

Wyoming replaced its older law rather than amending it. Senate File 105 of the 2017 session created the Act at sections 3-9-101 through 3-9-123, 3-9-201 through 3-9-217, 3-9-301 and 3-9-302, and 3-9-401 through 3-9-403, and repealed the provisions relating to durable powers of attorney that came before.

Durability has its own section. Section 3-9-104 carries the heading that a power of attorney is durable, so the Act addresses the question directly rather than leaving it to your drafting.

Section 3-9-105 keeps execution short. You sign a Wyoming durable power of attorney yourself, or another person writes your name in your conscious presence at your direction.

The notary

Section 3-9-105 presumes your signature genuine once you acknowledge it before a notary public or another person authorized by law to take acknowledgments.

Witnesses

Section 3-9-105 names none, so no witness signatures need to accompany yours.

Why notarize anyway

The presumption is what third parties lean on. Section 3-9-119 defines acknowledged as purportedly verified before a notary public or other person authorized to take acknowledgements, and builds the acceptance rules around that.

Section 3-9-106 sorts this by where and when you signed.

A power of attorney executed in Wyoming on or after the Act’s effective date is valid where its execution complies with section 3-9-105.

Older Wyoming documents keep their footing. One executed in the state before that date is valid where its execution complied with the law of the state as it existed at the time of execution.

Out-of-state paperwork has two routes. Section 3-9-106 accepts a document where the execution complied with the law of the jurisdiction determining its meaning and effect under section 3-9-107, or with the requirements of section 19-11-202 or those for a military power of attorney.

Wyoming kept a separate rule for paperwork predating the current Act, and it is worth knowing if you are tidying up old documents.

Section 3-5-103 provides that, unless the power of attorney specifically says otherwise, you may revoke one executed before 1 January 2018 either in the same manner as a document executed on or after that date, or by recording an instrument of revocation in the county clerk’s office where you reside.

The recording route needs a copy attached. Section 3-5-103 requires a true copy of the power of attorney to accompany the instrument of revocation.

Recording also fixes the date. Constructive notice of the revocation runs from and after the date the clerk records the instrument.

Your Wyoming durable power of attorney should identify you as principal, name your agent, describe the authority granted, and add a successor so the document does not lapse if your first choice cannot serve.

Say clearly whether the authority begins immediately or on a later event, and write any limits into the document rather than relying on an understanding.

Then sign and have the document acknowledged before a notary, so the section 3-9-105 presumption and the acceptance rules that depend on it are available to your agent.