Wyoming General Durable Power of Attorney for Property & Finances (Immediate)

Wyoming General Durable Power of Attorney
for Property & Finances (Immediate)

SIGNING & USE GUIDE — READ FIRST, THEN REMOVE BEFORE SIGNING OR RECORDING

Wyoming Statutory Form Power of Attorney (Effective Immediately)

Built on the statutory form at W.S. § 3-9-301 (Wyoming Uniform Power of Attorney Act, W.S. Title 3, ch. 9). This guide and the marked packet pages are not part of the statutory form. The power of attorney itself begins on the page titled "STATE OF WYOMING — STATUTORY FORM POWER OF ATTORNEY."

(Wyoming Statutes, Title 3, Chapter 9 — Uniform Power of Attorney Act)

What this document is

This is the Wyoming statutory form power of attorney for property and finances. It lets you (the "principal") name a person you trust (your "agent") to manage your property and financial affairs. Because it is built on the form the Wyoming Legislature published at W.S. § 3-9-301, it carries the meaning and effect the Wyoming Uniform Power of Attorney Act prescribes. Wyoming's acceptance rules protect any ACKNOWLEDGED (notarized) power of attorney (W.S. §§ 3-9-119, 3-9-120): a person asked to accept one must accept it, or within seven business days request only an agent's certification or an English translation — Wyoming's version of the uniform act allows no other demand, and no one may require you to use a different form. The AGENT'S CERTIFICATION in this packet (W.S. § 3-9-302) is the document your agent signs to answer a certification request.

This document does NOT authorize your agent to make health-care decisions for you — the act does not apply to health-care powers (W.S. § 3-9-103(a)(ii)). Wyoming health-care decisions use a separate advance health-care directive under the Wyoming Health Care Decisions Act (W.S. § 35-22-401 et seq.).

Durable — and when it takes effect

This variant is DURABLE and EFFECTIVE IMMEDIATELY: your agent can act as soon as the document is signed and acknowledged, and the power continues even if you later become incapacitated. Wyoming is a default-durability state (W.S. § 3-9-104): every power of attorney under the act is durable unless it expressly provides that it terminates on your incapacity. No special durability words are needed.

How to complete and sign

1. Fill in your name and your agent's name, address, and telephone number. 2. (Recommended) Name a successor agent, and optionally a second successor, in case your first choice cannot serve. 3. Under GRANT OF GENERAL AUTHORITY, INITIAL each subject you want your agent to handle — or initial "All Preceding Subjects" to grant them all. 4. Under GRANT OF SPECIFIC AUTHORITY, INITIAL only the specific powers you want to give; your agent may NOT do any of those unless you initial it. 5. Read the optional Special Instructions elections and initial ONLY the ones you want. 6. Sign before a notary public or other officer authorized to take acknowledgments (W.S. § 3-9-105). Wyoming does not require witnesses. Someone else may sign for you only in your conscious presence and at your direction.

Remote notarization: the ordinary path is an in-person acknowledgment before a notary authorized under Wyoming law (W.S. Title 32, ch. 3). Wyoming also authorizes remote ink and remote online notarization (W.S. §§ 32-3-102(a)(iii) and 32-3-111(j)-(m)); if you use a remote service, confirm the notary is authorized under Wyoming law for remote acts.

Treat every copy like the original: under W.S. § 3-9-106(d), a photocopy or electronically transmitted copy of this power of attorney has the same effect as the original. Military powers of attorney executed under 10 U.S.C. § 1044b are also valid in Wyoming (W.S. § 3-9-106(c)(ii)).

Leaving every general-authority line blank gives your agent almost nothing; initialing "All Preceding Subjects" grants the full everyday list (W.S. §§ 3-9-204 through 3-9-216). The GRANT OF SPECIFIC AUTHORITY lines are different: each one stays OFF unless you initial it (W.S. § 3-9-201(a)), because those powers can significantly reduce your property or change how it passes at your death. "All Preceding Subjects" does NOT turn any of them on.

Compensation of your agent

Wyoming follows the uniform default (W.S. § 3-9-112): your agent is entitled to reimbursement of expenses reasonably incurred on your behalf AND to reasonable compensation — including a family-member agent — unless the power of attorney says otherwise. If you want your agent to serve WITHOUT compensation, initial the "No compensation" election in the Special Instructions; reimbursement of reasonable expenses is not affected by that choice.

If your agent is your spouse

Under W.S. § 3-9-110(b)(iii), your spouse-agent's authority ends automatically when an action is FILED for dissolution or annulment of your marriage or for legal separation — the filing, not the final decree, is the trigger — unless the power of attorney says otherwise. Only the spouse-agent's authority ends; the power of attorney itself continues, and a successor agent you named steps in. The default is protective: most people want that automatic off-switch. The Special Instructions include an unmarked election to keep a spouse-agent's authority in place despite a filing (it overrides the default described in the agent-information section of the form). CAUTION: that election keeps a soon-to-be-former spouse in control of your property while the case is pending, and the authority continues past the decree until you revoke it (W.S. § 3-9-110(a)(iii)); a court order in the divorce case can restrain transfers regardless of what the power of attorney says.

Guardianship and conservatorship

You may nominate a conservator of your estate and a guardian of your person for the court to consider, and except for good cause or disqualification the court must appoint according to your most recent nomination (W.S. § 3-9-108(a)). If a court later appoints a conservator or another fiduciary over your property, this power of attorney does NOT terminate: your agent's authority continues unless the COURT limits, suspends, or terminates it, and your agent becomes accountable to the fiduciary as well as to you (W.S. § 3-9-108(b)). Naming your agent as your nominee for conservator of the estate is the practical way to preserve continuity.

Coagents and successors

The form provides for one agent. To name coagents, say so in the Special Instructions; under W.S. § 3-9-111 coagents may act independently unless you require them to act together (a Special Instructions election is included). If your agent cannot serve and you named no successor, the power of attorney ends — naming at least one successor is strongly recommended.

Digital assets and online accounts

Wyoming's Uniform Fiduciary Access to Digital Assets Act (W.S. §§ 2-3-1001 through 2-3-1017) gives your agent access to a CATALOGUE of your electronic communications and your other digital assets through this power of attorney's general grant (W.S. § 2-3-1010). The CONTENT of electronic communications — the actual messages — is different: a provider may disclose it only if the power of attorney EXPRESSLY grants that authority (W.S. § 2-3-1009), which is why the Special Instructions include a separate, unmarked election for it. Initialing "All Preceding Subjects" does NOT grant content access. The express grant is also what supplies your consent under the federal Stored Communications Act, which is why providers insist on it. An online tool setting you make with the provider itself (for example Google Inactive Account Manager, Apple Legacy Contact, or Facebook Legacy Contact) controls first and overrides a contrary direction here (W.S. § 2-3-1004). Expect providers to ask for the agent's certification too.

Gifts and the other initial-only powers

If you initial "Make a gift," your agent's gifting is limited by W.S. § 3-9-217 to the annual federal gift-tax exclusion per recipient (doubled if your spouse consents to split gifts), exercised consistently with your known objectives or, if unknown, your best interest. Broader gifting requires special instructions drafted by an attorney. Separately, the form's LIMITATION ON AGENT'S AUTHORITY bars an agent who is not your ancestor, spouse, or descendant from using your property to benefit themselves or someone they support (W.S. § 3-9-201(b)); overriding that protection is possible only through special instructions and should be done only with counsel — this packet deliberately offers no checkbox for it.

Revoking or replacing this power of attorney

Signing a new power of attorney does NOT revoke an earlier one unless the new one says so (W.S. § 3-9-110(f)). The Special Instructions include an unmarked election revoking your earlier property-and-financial powers of attorney; it is scoped so it cannot touch a health-care advance directive, a military power of attorney, or a power limited to a specific transaction. Note that the election on an immediate power revokes an earlier springing power, and vice versa. If you are replacing an earlier power, deliver a signed revocation (a form is included in this packet) to every agent and to any bank or other institution that has the old one, and keep proof of delivery — a person who acts in good faith WITHOUT actual knowledge of a revocation is protected (W.S. §§ 3-9-110(d) and (e)) — and retrieve or destroy old copies, because a photocopy works like the original (W.S. § 3-9-106(d)). If the old power of attorney was recorded, record the revocation in the SAME county clerk's office in every county where the power was recorded (W.S. § 34-1-105).

Recording (real estate)

A power of attorney that contains a power to convey land may be recorded — once acknowledged — with the county clerk of any county where the land lies, and the recorded power may be read in evidence with the same effect as a recorded deed (W.S. § 34-1-104). Recording is optional, but if you initial "Real Property," expect the clerk and any title examiner to want this power of attorney of record with the deed — record it in the county where the land lies before the transaction. Format, margin, and fee practice are set county by county — confirm them with the county clerk before recording. Once a power of attorney is recorded, it is not treated as revoked unless the revocation is also recorded in the same office (W.S. § 34-1-105), which is why the revocation instructions tell you to record it.

If a bank or agency hesitates

Wyoming's acceptance rules protect any acknowledged power of attorney (W.S. §§ 3-9-119, 3-9-120): the recipient must accept it or, within seven business days, request only an agent's certification or an English translation — and must accept within five business days after receiving what they requested. Wyoming's act allows no other demand (a request for an attorney's opinion letter has no basis under the Wyoming version), and no one may require an additional or different form for the authority granted. The AGENT'S CERTIFICATION in this packet (W.S. § 3-9-302) is the document your agent signs to answer a certification request; a spare copy is included.

What is in this packet

(1) This guide — remove it before signing. (2) The statutory form power of attorney. (3) The agent's certification, with a spare. (4) A revocation of power of attorney, for later use. Items (3) through (4) are labeled drafting companions prepared by PublicLegal; they are not part of the statutory form.

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STATE OF WYOMING

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, W.S. 3-9-101 through 3-9-403. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one (1) agent. If you wish to name more than one (1) agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I ________________________________________ name the following person as my agent:

(Name of Principal)

Name of Agent: ________________________________________________

Agent's address: _____________________________________________

Agent's Telephone Number: ______________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent: __________________________________________

Successor Agent's Address: _______________________________________

Successor Agent's Telephone Number: ________________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent: ___________________________________

Second Successor Agent's Address: ________________________________

Second Successor Agent's Telephone Number: _________________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, W.S. 3-9-101 through 3-9-403:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(___) Real Property

(___) Tangible Personal Property

(___) Stocks and Bonds

(___) Commodities and Options

(___) Banks and Other Financial Institutions

(___) Operation of Entity or Business

(___) Insurance and Annuities

(___) Estates, Trusts and Other Beneficial Interests

(___) Claims and Litigation

(___) Personal and Family Maintenance

(___) Benefits from Governmental Programs or Civil or Military Service

(___) Retirement Plans

(___) Taxes

(___) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

(___) Create, amend, revoke or terminate an inter vivos trust

(___) Make a gift, subject to the limitations of the Uniform Power of Attorney Act, W.S. 3-9-217, and any special instructions in this power of attorney

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation

(___) Authorize another person to exercise the authority granted under this power of attorney

(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(___) Exercise fiduciary powers that the principal has authority to delegate

(___) Disclaim or refuse an interest in property, including a power of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

(___) SPOUSE-AGENT CONTINUATION — If my agent is my spouse, the filing of an action for the dissolution or annulment of our marriage or for our legal separation does NOT terminate my agent's authority (W.S. § 3-9-110(b)(iii)). This instruction overrides the default described in item (5) of the Termination of Agent's Authority list in the IMPORTANT INFORMATION FOR AGENT section.

Caution: this keeps a spouse's control of your property in place during and after a divorce case until you revoke it. Most people prefer the automatic termination; leave the line blank for that default.

(___) NO COMPENSATION — My agent is not entitled to compensation for services as agent. My agent remains entitled to reimbursement of expenses reasonably incurred on my behalf (W.S. § 3-9-112).

(___) REVOCATION OF EARLIER POWERS — I revoke every power of attorney for property and finances that I previously signed. This does not revoke any health-care advance directive, any military power of attorney, any tax authorization, or any power of attorney limited to a specific transaction (W.S. § 3-9-110(f)).

(___) DIGITAL ASSETS — CONTENT OF ELECTRONIC COMMUNICATIONS — I expressly grant my agent authority over the content of electronic communications sent or received by me (W.S. § 2-3-1009).

(___) COAGENTS — JOINT ACTION — If I have named coagents, my coagents must act together; neither may act independently (W.S. § 3-9-111).

(___) GOVERNING LAW — The meaning and effect of this power of attorney are determined by the law of Wyoming (W.S. § 3-9-107).

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for conservator of my estate: ________________________

Nominee's Address: _____________________________________________

Nominee's Telephone Number: ____________________________________

Name of Nominee for guardian of my person: _________________________

Nominee's Address: _____________________________________________

Nominee's Telephone Number: ____________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

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SIGNATURE AND ACKNOWLEDGMENT

Your Signature and Date: ____________________________________________________

Your Name Printed: ______________________________________________

Your Address: ___________________________________________________

Your Telephone Number: __________________________________________

State of: ______________________ County of: ________________________

This document was acknowledged before me on ________________________,

(Date)

by __________________________________________.

(Name of Principal)

Signature of Notary: ________________________________________ (Seal, if any)

My commission expires: ________________________

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IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You shall:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

____________________________ by ______________________________

(Principal's Name) (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you shall also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence and diligence;

(4) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You shall stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage or for your legal separation unless the Special Instructions in this power of attorney state that such action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, W.S. 3-9-101 through 3-9-403. If you violate the Uniform Power of Attorney Act, W.S. 3-9-101 through 3-9-403, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

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PUBLICLEGAL COMPANION — STATUTORY AGENT'S CERTIFICATION (W.S. § 3-9-302); NOT PART OF THE POWER OF ATTORNEY

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of: ______________________________

County of: _____________________________

I, _____________________________________________ (Name of Agent), certify under penalty of perjury that

__________________________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ____________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

________________________________________________________________________________

(4) (Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

Agent's Signature: _______________________________________________

Date: ___________________________________________________________

Agent's Name Printed: ___________________________________________

Agent's Address: _______________________________________________

Agent's Telephone Number: _______________________________________

This document was acknowledged before me on ________________________,

(Date)

by __________________________________________.

(Name of Agent)

Signature of Notary: ________________________________________ (Seal, if any)

My commission expires: ________________________

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SPARE COPY — USE ONLY IF A BANK OR OTHER INSTITUTION ASKS FOR A FRESH CERTIFICATION LATER

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of: ______________________________

County of: _____________________________

I, _____________________________________________ (Name of Agent), certify under penalty of perjury that

__________________________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ____________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

________________________________________________________________________________

(4) (Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

Agent's Signature: _______________________________________________

Date: ___________________________________________________________

Agent's Name Printed: ___________________________________________

Agent's Address: _______________________________________________

Agent's Telephone Number: _______________________________________

This document was acknowledged before me on ________________________,

(Date)

by __________________________________________.

(Name of Agent)

Signature of Notary: ________________________________________ (Seal, if any)

My commission expires: ________________________

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PUBLICLEGAL COMPANION — REVOCATION OF POWER OF ATTORNEY; USE ONLY TO CANCEL A POWER OF ATTORNEY; NOT PART OF THE POWER OF ATTORNEY

REVOCATION OF POWER OF ATTORNEY

I, ________________________________________, the principal, signed a power of attorney dated __________________

naming ____________________________________________ as my agent.

I REVOKE that power of attorney and the authority of every agent and successor agent named in it, effective immediately. Anyone dealing with my former agent after receiving this revocation should treat the power of attorney as ended (W.S. § 3-9-110(a)(iii)).

If the power of attorney was recorded — county and recording data (book/page or instrument number):

________________________________________________________________________________

Signature of Principal ____________________________________ Date __________________

Principal's Name Printed _____________________________________

State of: ______________________ County of: ________________________

This document was acknowledged before me on ________________________,

(Date)

by __________________________________________.

(Name of Principal)

Signature of Notary: ________________________________________ (Seal, if any)

My commission expires: ________________________

How to use this revocation: (1) Sign it before a notary — Wyoming law does not require notarization to revoke, but a revocation that is not acknowledged cannot be recorded, and recording is what ends the recorded power's effect on the records (W.S. § 34-1-105). (2) Deliver a copy to every agent and successor agent and to every bank, brokerage, or other institution that received the power of attorney, and keep proof of delivery — a person who acts in good faith WITHOUT actual knowledge of the revocation is still protected (W.S. §§ 3-9-110(d) and (e)). Ask each holder to return or destroy its copies, because a photocopy works like the original (W.S. § 3-9-106(d)). (3) If the power of attorney was recorded, record this revocation in the SAME county clerk's office in EVERY county where the power of attorney was recorded (W.S. § 34-1-105).