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Question
Do I really need a power of attorney in Wyoming?
A power of attorney is part of planning for the unexpected. You may suffer an accident that leaves you temporarily or permanently incapacitated. Or you may be in a situation where no one can reach you because you are abroad or simply out of mobile phone range. In these instances, a power of attorney allows your appointed agent to carry on your daily affairs (like depositing checks at financial institutions or making your motor vehicle payment) despite your unavailability.
You may also face circumstances that increase your chances of disabling injuries or unavailability such as frequent travel abroad, service in the armed forces, or a chronic or terminal medical condition. In these circumstances, a power of attorney is vital.
If you do not have a power of attorney and you become incapacitated, your loved ones may need to seek a conservatorship. Otherwise, family support, bill payments, rental property management, or any other daily affairs simply stop. Since a conservatorship is a drawn-out process requiring court intervention, it costs money and time. A power of attorney ensures your transactions continue — and for less stress and money.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a Wyoming power of attorney
Understand how a POA works in Wyoming
A power of attorney is a written legal document where a principal (you) appoints an agent (or attorney-in-fact) to act in your place. In Wyoming, powers of attorney are presumed durable, meaning they remain effective even if you are incapacitated.
Usually, a durable power of attorney assigns broad powers to the agent so they can truly act as your backup in case you cannot act on your own behalf. These powers may include making financial decisions, executing real estate transactions, and managing retirement plans, among others. If you want to limit your agent to specific powers or one transaction, you can execute a limited power of attorney. To appoint a health care agent for when you face incapacity, use our living will package for a medical power of attorney.
Choose an agent
Consider your agent carefully. You want someone who will look out for your best interest and understand your daily life’s nuances. For example, an agent should know where you keep your bank accounts, who your creditor is for your mortgage, and where you store valuable documents. Many people choose their spouse, live-in partner, a close friend or family member, or business associate.
Assign duties
Read the form carefully to understand which responsibilities you assign to your agent. Generally, they include financial affairs, real estate management, family maintenance, contract signing, and other items. If there is anything you do not want your agent to do, cross out those powers. Just know if you limit your agent’s powers too much, they will not be able to make important decisions for you while you are incapacitated or unavailable.
Find a notary public
Wyoming law requires you to sign your power of attorney in front of a notary public. You can find a notary public at your local financial institution or hire a mobile notary to meet you at home or your office.
Make copies
Once complete, make copies of your power of attorney and provide them to your agent, family members, and anyone else affected by its contents. Store the original in a safe deposit box or fireproof cabinet.
If you wish to revoke your power of attorney in the future, you can either sign a revocation of power of attorney form or create a new one. Any new power of attorney cancels out previous ones.
Wyoming power of attorney frequently asked questions
You can find free power of attorney forms online. However, there is no guarantee that they have legal authority in Wyoming or are appropriate to your situation. Free forms also rarely come with complete instructions, so you may not complete them correctly.
A lawyer is not required, but many people benefit from an attorney review of all legal documents, including powers of attorney. Complex situations, like business ownership or substantial assets, often require unique solutions. In those situations, it never hurts to call an estate planning law firm and schedule a consultation to see what you need.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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