Types

Durable (Statutory) Power of Attorney – Even if the principal to this type of POA becomes mentally or physically incapacitated after its execution, the POA will still stand in its entirety.

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General (Financial) Power of Attorney – To make certain a POA will discontinue upon the principal’s mental or physical incapacity, certain language and terms—such as those found in this document—must be evident in a POA.

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Limited (Special) Power of Attorney – If the objective of a POA is for an agent to attend to a specific (rather than broad) matter on behalf of the principal, a Limited Power of Attorney should be enacted.

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Advance Health Care Directive (Medical POA) – This contract, once in effect, grants an agent the powers “to make any health care decision the principal could have made while having capacity.”

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Minor Child Power of Attorney – Another individual may be granted the responsibility to take care of a child in their parent or guardian’s absence once they agree to the terms of this arrangement that the parent or guardian has noted down in a Minor Child POA form.

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Motor Vehicle (DMV) Power of Attorney – After this document is filed with and approved by the DMV, the agent named in this form may act on the principal’s behalf to carry out the specified tasks related to their motor vehicle.

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Real Estate (Property) Power of Attorney – A property owner who is finding the management of their real estate affairs too cumbersome may wish to enact a Real Estate (Property) POA so that another party can partially or wholly take over the management of such affairs.

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Revocation of Power of Attorney – A principal who wishes to revoke any existing POA may exercise their right to do so by using this form as an instrument to record their decision, in addition to meeting the requirements set out by § 3-5-103.

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State Tax Filing Power of Attorney (Form 2848) – A form which authorizes another individual or entity (such as an accounting company) to act as an individual’s agent so that they may file their taxes on their behalf. In order for the agent to do so, the individual may also need to grant the agent access to their confidential tax files.

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What is a Wyoming Power of Attorney?

A Wyoming Power of Attorney makes a record of the conditions a Principal wishes an Agent to abide by when they represent them or make decisions on their behalf. Although state law (§ 35-22-403(a)) allows for a Principal to “give an individual instruction” in either oral or written form, it is strongly advised that any and all instructions regarding a Power of Attorney are noted down in writing. (State law does, however, require that “the power must be in writing.”)

Orally-made instructions are more prone to misinterpretation due to the fact that, unless they are digitally recorded, there is no resource for either party to reference if necessary. They are largely reliant on the memories and interpretation of the Principal and Agent, which can be problematic if the Principal becomes incapacitated. For these reasons, a Principal should record any instructions in a written legal document, such as those provided below.

• Wyoming Power of Attorney Laws – (Title 3, Chapter 9, Article 1, “Uniform Power of Attorney Act”) and (Chapter 22, Article 4, “Wyoming Health Care Decisions Act”)
• State Definition of Power of Attorney (§ 3-9-101) – “means a writing or other record that grants authority to an agent to act in the place of the principal whether or not the term power of attorney is used.”
• State Definition of Advance Health Care Directive / Medical Power of Attorney (§ 35-22-402(a)(i)) – “means an individual instruction or a power of attorney for health care, or both.”
• State Definition of Power of Attorney For Health Care (§ 35-22-402(xiii)) – “means the designation of an agent to make health care decisions for the individual granting the power.”
• Signing Requirements
  • General / Durable Power of Attorney (§ 3-9-105) – It is mandatory for the Principal to sign the POA and for the Principal to acknowledges their signature before a Notary Public or an individual with equivalent powers of acknowledgment. One other option is for the agreement to be signed by another person who has been requested by the Principal to sign their name on the POA. If this option is taken, the signature needs to be made in Principal’s conscious presence.
  • Power of Attorney For Health Care / Medical Power of Attorney (§ 35-22-403) – A Principal must sign the POA (or expressly direct another individual to sign it on their behalf in their presence). The POA must be acknowledged before a Notarial Officer or signed by at least two (2) witnesses, who must make the declaration, in substance, that is stated in § 35-22-403.

When is it Effective?

In line with § 3-9-105, a Durable / General Power of Attorney must be signed by the Principal before a Notary Public or another individual who is authorized by law to take acknowledgments. The Principal may direct another individual to sign their name on the Power of Attorney, as long as the signature takes place in the Principal’s conscious presence.

In regards to the requirements that must be met in order for a Power of Attorney For Health Care / Medical Power of Attorney to come into effect, § 35-22-403 outlines that it is mandatory for the Principal to sign the Power of Attorney. The Principal may expressly direct another person to sign the POA in their presence.

In addition, the POA must either be:

1. Acknowledged before a Notarial Officer, or
2. Signed by at least two (2) witnesses, who are required to make the declaration, in substance, that is stated in § 35-22-403.

Sample Template