2010 Wyoming Statutes
Title 3 - Guardian And Ward
Chapter 5 - Durable Power Of Attorney

CHAPTER 5 - DURABLE POWER OF ATTORNEY

 

ARTICLE 1 - IN GENERAL

 

3-5-101. When power of attorney not affected by disability.

 

(a) A person, known as the principal, may designate another person to act as the attorney in fact or agent for the principal. The power of attorney shall be in writing and shall state:

 

(i) "This power of attorney shall not become ineffective by my disability"; or

 

(ii) "This power of attorney shall become effective upon my disability"; or

 

(iii) Words showing the intent of the principal that the authority conferred by his power of attorney instrument shall be exercised notwithstanding his disability.

 

(b) Subject to the restrictions in W.S. 35-22-403, the authority of the attorney in fact or agent may be exercised by him on behalf of the principal according to the terms stated in the power of attorney instrument notwithstanding the subsequent disability or incapacity of the principal or uncertainty concerning whether the principal is alive or deceased.

 

(c) All acts done by the attorney in fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs, devisees and personal representative as if the principal were alive, competent and not disabled. If a conservator thereafter is appointed for the principal, the attorney in fact or agent, during the continuance of the appointment, shall account to the conservator rather than the principal. The conservator has the same power the principal would have had if he were not disabled or incompetent to revoke, suspend or terminate all or any part of the power of attorney or agency.

 

3-5-102. Other powers of attorney not revoked until notice of death or disability.

 

(a) The death, disability or incompetence of any principal who has executed a power of attorney in writing other than a power described by W.S. 3-5-101, does not revoke or terminate the agency as to the attorney in fact, agent or other person who, without actual knowledge of the death, disability or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees and personal representatives.

 

(b) An affidavit executed by the attorney in fact or agent stating that at the time of doing an act pursuant to the power of attorney he did not have actual knowledge of the revocation or termination of the power of attorney by death, disability or incompetence, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.

 

(c) This section shall not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.

 

3-5-103. Revocation of power of attorney by recordation.

 

Unless the power of attorney otherwise specifically provides, any power of attorney executed after the effective date of this act, including but not limited to powers of attorney described in W.S. 3-5-101 or 3-5-102, may be revoked by recording an instrument of revocation with a true copy of the power of attorney attached, in the office of the county clerk of the county in which the principal resides. Constructive notice of the revocation is given from and after the date of recording the instrument of revocation.

 

ARTICLE 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE

 

3-5-201. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-202. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-203. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-204. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-205. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-206. Repealed By Laws 2005, ch. 161, 3.

 

3-5-207. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-208. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-209. Repealed By Laws 2005, ch. 161, 3.

 

 

3-5-210. Repealed By Laws 2005, ch. 161, 3.

 

3-5-211. Repealed By Laws 2005, ch. 161, 3.

 

3-5-212. Repealed By Laws 2005, ch. 161, 3.

 

3-5-213. Repealed By Laws 2005, ch. 161, 3.