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Wyoming Durable Power of Attorney Laws

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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