We all hope the day never comes, but in the unthinkable case when someone we love becomes incapacitated and needs medical attention, it’s always best to have a plan in place to make the important decisions in his or her life. A living will can provide such a plan. A living will allows a person to lay out his or her health care wishes should the person become incapacitated. This may include the person's preferred treatment options and where the person draws the line as far as medical treatment goes. This articles provides a brief summary of living wills laws in Wyoming.
Living Wills Laws
Under state law, living wills function a little differently from the wills we normally think of. Instead of bequeathing a person’s property and possessions, a living will is a legally binding document that can state a person’s medical treatment preferences, should they become unable to do so.
Wyoming Living Wills Statutes
Living wills statutes in Wyoming are highlighted in the chart below.
||35-22-101 et seq. Living Will
|Specific Powers, Life-Prolonging Acts
||Any medical procedure, intervention, or nourishment by artificial means which would serve only to prolong the dying process of a qualified patient; does not include medication or procedure necessary for comfort care or alleviation of pain
|Legal Requirements for Valid Living Will
||(1) Adult; (2) in writing; (3) signed and dated; (4) in presence of 2 or more adult witnesses; (5) substantially same form as §35-22-102(d); (6) no effect during course of qualified patient's pregnancy; (7) terminal condition must be certified in writing by 2 physicians. Witnesses must not be related to declarant.
|Revocation of Living Will
||Revocable by destruction of document, written revocation, verbal expression of intent to revoke in presence of adult witness. Patient's immediate desires at all times supersede the document
|Validity from State-to-State
|If Physician Unwilling to Follow Durable Power of Attorney
||Unwilling physician must attempt to effect transfer of patient
|Immunity for Attending Physician
||No criminal or civil liability for physician acting in good faith and pursuant to reasonable medical standards
Wyoming Living Wills Laws: Related Resources
Trying to plan for the future illness or death of a loved one is difficult. You can also find visit FindLaw’s living wills section for more articles and resources on this topic, including a sample living will form and a sample living will with designation of a surrogate form. If you would like legal assistance in setting up a living will, you can contact a Wyoming estate planning attorney.