2010 Wyoming Statutes
Title 3 - Guardian And Ward
Chapter 2 - Guardianships
CHAPTER 2 - GUARDIANSHIPS
ARTICLE 1 - APPOINTMENT OF GUARDIAN
3-2-101. Petition for appointment of guardian.
(a) Any person may file with the clerk a petition for the appointment of a guardian. The petition shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, an incompetent person or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed guardian, and his qualification as a fit and proper person to serve as guardian;
(iv) The residence of the proposed ward in the county or his presence in the county;
(v) The facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state;
(vi) The name and address of the person or facility having the care, custody or control of the proposed ward; and
(vii) The interests of the petitioner.
(b) The district court may transfer jurisdiction of a petition for appointment of a guardian to the juvenile court if the proposed ward is a child who is under the prior and continuing jurisdiction of the juvenile court.
3-2-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward, his custodian and the proposed guardian.
(b) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward's parents, spouse and adult children who are known or who can be discovered with due diligence, except:
(i) When a petition is filed under W.S. 3-2-108; or
(ii) When for good cause the court determines that no notice is necessary if the proposed ward is under the age of eighteen (18) years.
(c) Notice shall be served on any other person as ordered by the court.
(d) Notice shall be given in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court.
3-2-103. Pleadings and trial; rules of civil procedure.
After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. The petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure.
3-2-104. Appointment of guardian.
(a) The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence.
(b) The order appointing a guardian shall state the findings of the court, including:
(i) The reasons why the ward is in need of a guardian;
(ii) The appointment of the guardian;
(iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the guardian.
3-2-105. Appointment of guardian on voluntary petition.
(a) A guardian may be appointed by the court upon the petition of the proposed ward, including a minor who has reached the age of fourteen (14) years, if the court determines that the appointment is in the best interest of the petitioner.
(b) The petition shall state whether a notice of a petition for involuntary guardianship under W.S. 3-2-101 has been served on the proposed ward.
3-2-106. Appointment of a temporary or emergency guardian.
(a) Upon the filing of a petition for a temporary guardian other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after a hearing the court may appoint a temporary guardian subject to any notice and conditions the court prescribes.
(b) Except upon a showing of good cause, an order appointing a temporary guardian of an adult ward shall be limited to not more than ninety (90) days. The court may order an extension of the temporary guardianship for not more than an additional ninety (90) days, or conversion to a guardianship or conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101 through 3-3-106.
(c) Except upon a showing of good cause, an order appointing a temporary guardian of a minor ward shall be limited to not more than one (1) year.
(d) If the court finds that compliance with the procedures specified in this chapter will likely result in substantial harm to the proposed ward's health, safety or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the proposed ward's welfare, may appoint an emergency guardian. Immediately upon receipt of the petition for an emergency guardianship, the court shall appoint a guardian ad litem to represent the proposed ward's best interests in the proceeding. Except as otherwise provided in subsection (e) of this section, reasonable notice of the time and place of a hearing on the petition shall be given to the proposed ward and any other persons as the court directs.
(e) An emergency guardian may be appointed without notice to the proposed ward or the guardian ad litem only if the court finds by a preponderance of the evidence from affidavit or testimony that the proposed ward will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian immediately, without notice to the proposed ward or the guardian ad litem, the proposed ward and guardian ad litem shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authority to make medical and medically related decisions only, except emergency guardians shall not have authority with respect to a person who has been made a ward pursuant to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for healthcare for the ward pursuant to W.S. 35-22-403(b);
(ii) Execute an individual instruction for the ward pursuant to W.S. 35-22-403(a);
(iii) Execute a cardiopulmonary resuscitation directive for the ward pursuant to W.S. 35-22-201 through 35-22-208;
(iv) Commit or admit the ward to a mental health facility; or
(v) Direct the withdrawal of life sustaining procedures being used on the ward.
(f) Appointment of an emergency guardian, with or without notice, is not a determination of the proposed ward's incapacity.
(g) At the seventy-two (72) hour hearing to determine the appropriateness of the appointment of an emergency guardian required by subsection (e) of this section, the court may appoint a temporary guardian pursuant to subsection (a) of this section. The court may remove an emergency guardian at any time.
(h) Except as provided in subsections (d) through (g) of this section, all other provisions of this chapter concerning guardians apply to an emergency guardian.
3-2-107. Who may be appointed as guardian; preference for appointment of guardians.
(a) The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person proposed to act as guardian:
(i) Provides, or is likely to provide during the guardianship period, substantial services to the ward in a professional or business capacity unrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period, a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period, interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified under paragraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent, notwithstanding the provisions of subsection (a) of this section that would otherwise disqualify the person, if the person is the spouse, adult child, parent or sibling of the respondent and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of an incompetent person in the following order:
(i) A person nominated by the respondent if at the time of the nomination the respondent has the capacity to make a reasonably intelligent choice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceased spouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceased parent;
(vii) A relative of the respondent with whom the respondent has resided for more than six (6) months during the year preceding the filing of the petition;
(viii) A relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the best interests of the respondent;
(x) A person with a guardianship program for incompetent persons.
(d) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of a minor in the following order:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of the custodial parent;
(iii) The person requested by a minor who has reached the age of fourteen (14) years;
(iv) Any other person whose appointment would be in the best interests of the minor.
(e) The court shall consider the priorities established in subsections (c) and (d) of this section, but shall not be bound by those priorities. The court shall appoint the person who is best qualified and willing to serve as guardian.
3-2-108. Appointment of guardian on a standby basis.
A petition for the appointment of a guardian of the petitioner on a standby basis may be filed by any person under the same procedure and requirements as provided in W.S. 3-3-301 through 3-3-306 for appointment of a standby conservator, insofar as applicable.
3-2-109. Guardian's report.
(a) The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as well as providing a description of those actions the guardian has taken on behalf of the ward:
(i) Within six (6) months of the guardian's appointment;
(ii) Every six (6) months following the initial report;
(iii) Within thirty (30) days of his removal or resignation from, or the termination of, the guardianship;
(iv) At other times as the court may order.
(b) The court shall maintain a calendar for the filing of guardianship reports.
(c) If a guardian's report is not timely filed, the court shall enter an order for the guardian to show cause why the guardian should not be held in contempt.
3-2-110. Appointment of department of health or the department of family services as guardian.
(a) The department of health or the department of family services may petition any district court in the state to be appointed guardian of a minor who is in its custody.
(b) If a department in subsection (a) of this section is not the petitioner in a proceeding to appoint a guardian for a ward in its custody, it shall not be appointed guardian unless given prior notice and opportunity for hearing.
3-2-111. Fees of the guardian.
(a) The fees of the guardian shall be:
(i) Reasonable and appropriate;
(ii) Set and approved by the court.
(b) The fees of the guardian shall not be approved by the court unless all reports required of the guardian are current.
3-2-112. Immunity of volunteer guardian.
Any person who is appointed guardian of a ward pursuant to W.S. 3-2-104, who serves in that capacity without compensation other than reimbursement for out-of-pocket expenses associated with the appointment and who carries out the duties of guardian as set forth in W.S. 3-2-201 in good faith and without willful or wanton misconduct or gross negligence, shall be personally immune from civil liability for any act or omission resulting in damage or injury to the ward.
ARTICLE 2 - POWERS OF GUARDIANS
3-2-201. Powers and duties of guardian.
(a) The guardian shall:
(i) Determine and facilitate the least restrictive and most appropriate and available residence for the ward;
(ii) Facilitate the ward's education, social and other activities;
(iii) Subject to the restrictions of W.S. 3-2-202, authorize or expressly withhold authorization of medical or other professional care, treatment or advice;
(iv) Take reasonable care of the ward's personal property;
(v) Commence protective proceedings if necessary to protect the property of the ward;
(vi) Apply to the ward's current needs for support, care and education as much of the money or property paid or delivered to the guardian pursuant to W.S. 3-3-108 as may be appropriate;
(vii) Exercise due care to conserve excess funds for the ward's future needs;
(viii) Pay to the conservator excess funds at least annually;
(ix) Request the court to modify the guardian's range of duties if the changed circumstances of the ward require such modification; and
(x) Following the death of a ward, arrange for the final disposition of the ward's remains according to the ward's expressed wishes if known, if the immediate family is unavailable or unwilling to assume responsibility. For purposes of this paragraph, "immediate family" is defined as parents, spouse, grandparents, siblings and adult children.
(b) The guardian may:
(i) Receive money payable from any conservatorship for the support of the ward;
(ii) Receive money or property of the ward paid or delivered to the guardian pursuant to W.S. 3-3-108;
(iii) Institute proceedings to compel the performance by any person of the duty to support or contribute to the support of the ward;
(iv) Repealed By Laws 1998, ch. 114, 3.
(v) Repealed By Laws 1998, ch. 114, 3.
(vi) Consent to the marriage or adoption of the ward.
(c) The guardian is not liable for injury to the ward resulting from the negligence or acts of third persons performed by authority given by the guardian for medical or other professional care, treatment or advice, unless it would have been negligent for a parent to have given that authority.
(d) Funds received by the guardian pursuant to W.S. 3-3-108 shall not be used for compensation for the services of the guardian unless approved as required under W.S. 3-2-111.
(e) The guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his unemancipated minor child. A guardian who is not a parent of the minor is not obligated to expend his own funds for the support of the ward. A guardian who is not the parent of a minor is not liable to third persons for acts of the ward by reason of the relationship of guardian and ward.
3-2-202. Powers of the guardian subject to approval of the court.
(a) Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may:
(i) Commit the ward to a mental health hospital or other mental health facility;
(ii) Consent to the following treatments for the ward:
(A) Electroshock therapy;
(B) Psychosurgery;
(C) Sterilization;
(D) Other long-term or permanent contraception.
(iii) Relinquish the ward's minor child for adoption, provided:
(A) Notice of any hearing was given to the ward and the legal or putative father; and
(B) The ward attended the hearing if the court so ordered.
(iv) Execute any appropriate advance medical directives, including durable power of attorney for health care under W.S. 35-22-403(b) and an individual instruction under W.S. 35-22-403(a).
ARTICLE 3 - TEMPORARY GUARDIANSHIP FOR EDUCATIONAL, MEDICAL CARE AND DENTAL CARE PURPOSES
3-2-301. Definitions.
(a) As used in this article:
(i) "Caregiver" means a person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian and a relative of a minor child;
(ii) "Child" means a person under eighteen (18) years of age who is in the primary physical custody of a caregiver;
(iii) "Relative" or "related" means the relationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt.
3-2-302. Appointment of temporary guardian for educational, medical care and dental care purposes.
(a) A caregiver of a child may petition for appointment as a temporary guardian of a child for educational, medical care and dental care purposes. The petition shall be verified by affidavit setting forth:
(i) The petitioner's full name, place of residence, the length of time he has been a resident of the county in which the petition is filed and his Wyoming driver's license or identification card number;
(ii) The qualifications of the proposed guardian as a fit and proper person to serve as guardian;
(iii) The name, birth date and place of birth of the child;
(iv) The physical address of the child for the previous one (1) year preceding the filing of the petition, if known;
(v) The full names of the child's natural parents;
(vi) The last known addresses of the child's natural parents;
(vii) The name and address of the person or facility having the care, custody or control of the child;
(viii) A concise statement of the reason for the desired temporary guardianship for educational, medical care and dental care purposes;
(ix) The facts showing the best interest of the child requires the appointment of a guardian for educational, medical care and dental care purposes in this state; and
(x) A concise statement setting forth the attempts made by the petitioner and whether the petitioner has been able to contact the natural parents or other person having legal custody of the child to advise them of the petitioner's intent to enroll the child in school, to authorize medical or dental care or seek a temporary guardianship for educational, medical care and dental care purposes.
(b) A temporary guardian for educational, medical care and dental care purposes may be appointed through an ex parte temporary guardianship order without notice to the child's natural parents if the court finds by a preponderance of the evidence from the petition and testimony, if any testimony is deemed necessary by the court, that temporary guardianship is in the best interest of the child and not detrimental to the interests of any other person and that no other person appears to have authority and willingness to act in the circumstances. The court shall cause the ex parte temporary guardianship order, together with notice of right to a hearing, to be served on the natural parents of the child pursuant to Rule 4 of the Wyoming Rules of Civil Procedure.
(c) The notice of right to a hearing shall clearly inform the child's natural parents that a temporary guardianship for educational, medical care and dental care purposes has been granted to the petitioner and that the natural parents, individually or jointly, have the right to request a full hearing on the temporary guardianship by filing a written request for hearing with the court. A request for full hearing by a natural parent shall be filed with the court and shall be served on the temporary guardian pursuant to Rule 4 of the Wyoming Rules of Civil Procedure. Upon receipt of a request for hearing, the court shall set the full hearing at its earliest convenience.
(d) Except upon a showing of good cause, an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes shall be limited to not more than one (1) year.
3-2-303. Notice to court.
If a child subject to an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes is no longer living in the primary physical custody of the caregiver, the caregiver shall within three (3) business days notify the court in writing of the circumstances regarding the change in the primary physical custody and the court may make any order it deems appropriate.
