Wyoming Guardianship Planning

Wyoming guardianship is a district court case under Title 3 of the Wyoming Statutes. A guardian decides personal matters for a minor or for an adult the court finds cannot manage alone, and a conservator handles that person's money and property. Wyoming lets you pick both people ahead of time in a power of attorney, and under W.S. 3-9-108(a) the court follows your most recent nomination unless it finds good cause or a disqualification.

Three rules set Wyoming apart. The court decides on a preponderance of the evidence (W.S. 3-2-104(a)), any party can demand a jury (W.S. 3-2-103), and a guardian reports to the court every six months, not once a year (W.S. 3-2-109).

One boundary sets the scope of this page. Guardianship and conservatorship deal with a living person. They are not probate. When someone dies, a separate case opens for the estate, and the Wyoming probate guide covers that side.

Both kinds of case are filed with the clerk of the district court. Wyoming has no separate probate court. Find the clerk through the district court for your county.

Read this page as a planning map, not a filing kit. It gives general information about Wyoming law, not advice about your family. A guardianship case takes rights away from a person, so ask a licensed Wyoming attorney to look at any plan or petition before you rely on it.

Guardian and Conservator Are Two Different Jobs

Wyoming defines both roles in the first section of Title 3.

• A guardian is appointed by the court to exercise the powers the court grants over a minor or an incompetent person. The term covers plenary, limited, emergency and standby guardians, and it does not include a guardian ad litem (W.S. 3-1-101(a)(v)).
• A conservator has the custody and control of the ward's property (W.S. 3-1-101(a)(iii)). The statute treats "guardian of the estate" and "guardian of the property" as other names for a conservator.
• The ward is the person a guardian or conservator serves (W.S. 3-1-101(a)(xv)).

Wyoming measures the need by what the person can do. An incompetent person is someone who, for reasons other than being a minor, cannot manage and take care of themselves or their property without help because of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability (W.S. 3-1-101(a)(ix)). A mentally incompetent person is someone in that position because of mental illness, mental deficiency or intellectual disability (W.S. 3-1-101(a)(xii)). A minor is an unemancipated person under 18 (W.S. 3-1-101(a)(xvi); W.S. 14-1-101(a)).

Wyoming does not use the Uniform Probate Code's words for this. You will not find a court visitor or a "protected person" in Title 3. The statute speaks of wards, incompetent persons, and plenary or limited guardians and conservators.

Plenary or Limited, and the Right to the Least Restrictive Option

Every Wyoming guardianship and conservatorship is either plenary (the full range of duties the law allows) or limited (limited in the scope of duties or in how long it lasts) (W.S. 3-1-101(a)(x), (xi), (xiii), (xiv)). The order appointing a guardian must state why the ward needs one, who is appointed, whether the appointment runs for a set term or is permanent, and whether the duties are limited or plenary (W.S. 3-2-104(b)).

Title 3 gives the person two rights that point toward the narrowest arrangement that works:

1. A proposed ward in an involuntary case has the right to "the least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances" (W.S. 3-1-205(a)(v)).
2. Once appointed, a ward keeps that right, plus the right to the least restrictive and most appropriate residential, educational and employment settings and freedom from inappropriate physical or chemical restraints (W.S. 3-1-206(a)).

Two more protections sit beside them. A guardianship or conservatorship is not a finding that the ward lacks capacity to make a will (W.S. 3-1-201). And a guardian must ask the court to change the range of duties when the ward's circumstances change (W.S. 3-2-201(a)(ix)).

Wyoming's petition statute does not ask the petitioner to list less restrictive alternatives already tried (W.S. 3-2-101(a)). The Judicial Branch's adult instructions still tell petitioners to show why the type of guardianship requested is the least restrictive and most appropriate one. Title 3 has no supported decision-making statute.

Naming Your Own Guardian and Conservator Ahead of Time

Wyoming gives an adult three tools for this, and a fourth rule that ranks your choice first.

• A power of attorney. Under W.S. 3-9-108(a), a principal may nominate a conservator of the estate or a guardian of the person in a power of attorney. Except for good cause or disqualification, the court appoints according to the principal's most recent nomination. If a conservator is later appointed, the agent's authority continues unless the court limits, suspends or ends it (W.S. 3-9-108(b)).
• A written advance health care directive. Under W.S. 35-22-403(h), a written directive may include your nomination of a guardian of the person.
• A standby petition. Any adult of sound mind may sign a petition for a conservator of their own property that the court acts on only when a named event happens or a described mental or physical condition exists (W.S. 3-3-301). The petition may nominate the conservator and ask for no bond or a stated bond (W.S. 3-3-302), may be left with any person, firm, bank or trust company you choose (W.S. 3-3-303), and may be revoked while you are of sound mind by destroying it or delivering an acknowledged revocation to the holder (W.S. 3-3-304). A standby guardian of the person uses the same procedure (W.S. 3-2-108).

Without a nomination, the court works down a priority list. Under W.S. 3-2-107(c), qualified people rank in this order for guardian of an incompetent person:

1. A person the respondent nominated, if the respondent could make a reasonably intelligent choice when nominating
2. The respondent's spouse
3. A person nominated in the will of the respondent's deceased spouse
4. The respondent's parent
5. An adult child of the respondent
6. A person named in the will of the respondent's deceased parent
7. A relative the respondent lived with for more than 6 months during the year before the petition was filed
8. A relative or friend who has shown a sincere, longstanding interest in the respondent's welfare
9. Any other person whose appointment would be in the respondent's best interests
10. A person with a guardianship program for incompetent persons

That list does not bind the court. W.S. 3-2-107(e) tells the court to consider the priorities and then appoint whoever is best qualified and willing to serve. Subsection (a) bars anyone who provides the ward "substantial services" in a professional or business capacity, anyone who is or may become the ward's creditor, anyone whose interests may conflict with the ward's, and their employees. Under subsection (b), a spouse, adult child, parent or sibling may still serve if the court finds the conflict insubstantial and the appointment clearly in the respondent's best interests. For Title 3, a "person" who can serve is an adult or a nonprofit organization with a guardianship program (W.S. 3-1-101(a)(xvii)).

The Documents That Keep a Case From Starting

The papers signed in advance decide whether anyone needs a court at all.

• A durable financial power of attorney. Under W.S. 3-9-104(a), a Wyoming power of attorney is durable unless it says incapacity ends it. The principal signs it, or someone signs in the principal's conscious presence at their direction. A notary is not required, but a notarized signature is presumed genuine (W.S. 3-9-105). Read more about a durable power of attorney.
• A health care power of attorney. It must be in writing, signed, and either acknowledged before a notarial officer or signed by at least two witnesses (W.S. 35-22-403(b)). A treating provider or its employee, the named agent, and the operator or employee of a community or residential care facility may not witness (W.S. 35-22-403(c)). Unless a court orders otherwise, an agent's health care decision outranks a guardian's (W.S. 35-22-407(b)). See an advance health care directive.
• A health care surrogate. When there is no valid directive, and a physician or health care provider has found that the patient lacks capacity with no agent or guardian available, a surrogate may decide without going to court (W.S. 35-22-406(a), (g)). The patient can name one by telling the health care provider. Otherwise the statute suggests, in order, the spouse unless legally separated, an adult child, a parent, a grandparent, an adult brother or sister, and an adult grandchild, then an adult who has shown special care and concern (W.S. 35-22-406(b), (c)).
• A standby petition, described above, for money matters and, through W.S. 3-2-108, for personal matters.

These tools do different jobs, and a court case covers the gaps they leave. How they fit together for one family is a question for a Wyoming attorney. For how they sit next to a will and a trust, see Wyoming estate planning basics.

How a Wyoming Adult Guardianship Case Runs

The steps below come from chapter 2 of Title 3 and the Wyoming Judicial Branch's adult instructions (revised July 2023).

1. Petition. Any person may file a petition with the clerk (W.S. 3-2-101(a)). It states the proposed ward's name, age and address; whether they are a minor, an incompetent person or a mentally incompetent person, and why the petition is filed; the proposed guardian's name, address and fitness to serve; the proposed ward's residence or presence in the county; the facts showing a guardian is in their best interest; who has their care or custody; and the petitioner's interest. A conservatorship petition under W.S. 3-3-101 adds the estimated value of the real estate and personal property and the estate's yearly income.
2. Venue. The petition is filed where the proposed ward lives or is present. If a court order admitted a mentally incompetent person to a facility, the county where that court sits also works (W.S. 3-1-103(a)). A conservatorship goes where the ward lives, or, for a ward who lives outside Wyoming, any county where the ward has property (W.S. 3-1-103(b)).
3. Notice. In an involuntary case, the proposed ward, their custodian and the proposed guardian must be served (W.S. 3-2-102(a)). So must the proposed ward's parents, spouse, adult children, and any agent or fiduciary under a known power of attorney who can be found with due diligence (W.S. 3-2-102(b)). Service follows the Wyoming Rules of Civil Procedure. The Judicial Branch instructions say the proposed ward will most likely need personal service by a sheriff or process server.
4. Guardian ad litem and counsel. The proposed ward has the right to notice, a hearing, to be present, a guardian ad litem under Rule 17(c) of the Wyoming Rules of Civil Procedure, and counsel appointed on court order (W.S. 3-1-205(a)). A guardian ad litem represents the proposed ward's best interests, is not their lawyer, and reports to the court within 30 days on their condition with recommendations (W.S. 3-1-108(b), (c)).
5. Response time. Under the Judicial Branch instructions, a person personally served has 20 days to respond, 30 days if served out of state, and 30 days after the last publication if served by publication.
6. Ask for a hearing. The hearing is not set on its own. The instructions tell petitioners to file a request once the response time has run.
7. The hearing. The Wyoming Rules of Civil Procedure and Evidence govern, and the petitioner, the proposed ward or the custodian may demand a jury (W.S. 3-2-103). The court may appoint a guardian if the petition's allegations about the proposed ward's status and the need for a guardian are proved by a preponderance of the evidence (W.S. 3-2-104(a)). Title 3 does not require a court-ordered medical examination or a court visitor.
8. Order, oath and letters. The Probate Code's rules on appointment, qualification, oath and bond apply to guardians and conservators (W.S. 3-1-106). A guardian or limited guardian gives bond only if the court finds, for good cause, that the ward's best interest requires one.

Wyoming sets no deadline for the hearing, so timing turns on service, the response period and the district court's calendar. A person can also ask for their own guardian. A voluntary petition, including one by a minor aged 14 or older, lets the court appoint if it is in the petitioner's best interest (W.S. 3-2-105).

Temporary and Emergency Guardians

W.S. 3-2-106 gives the court two faster tools.

• Temporary guardian. After a hearing on a petition for a temporary guardian, the court may appoint one on any notice and conditions it sets. Except on good cause, a temporary guardianship of an adult lasts no more than 90 days, and the court may extend it once for up to 90 more days or convert it to a guardianship or conservatorship (W.S. 3-2-106(a), (b)). For a minor the limit is one year except on good cause (W.S. 3-2-106(c)).
• Emergency guardian. If the normal procedure would likely cause "substantial harm" to the proposed ward's health, safety or welfare and no one else appears to have authority and willingness to act, a person interested in the proposed ward's welfare may petition. The court must appoint a guardian ad litem as soon as the petition arrives (W.S. 3-2-106(d)).

An emergency guardian may be appointed without notice only on a preponderance finding, from affidavit or testimony, that the proposed ward "will be substantially harmed" before a hearing can be held. The proposed ward and the guardian ad litem then get notice within 48 hours, and the court holds a hearing within 72 hours (W.S. 3-2-106(e)). An emergency guardian named without notice may make medical and medically related decisions only, and may not sign a health care power of attorney or an individual instruction for the ward, commit or admit the ward to a mental health facility, or direct withdrawal of life-sustaining procedures. The appointment is not a finding of incapacity (W.S. 3-2-106(f)).

The money side has a matching rule. A temporary conservator may serve no more than 90 days, and the court may extend that by up to 90 more days (W.S. 3-3-107(b)).

What a Guardian and a Conservator Must Do

A Wyoming guardian's duties come from W.S. 3-2-201(a) and the court's order. The guardian must:

• Choose and arrange the least restrictive and most appropriate available residence for the ward
• Support the ward's education, social and other activities
• Authorize, or expressly withhold, medical or other professional care, subject to W.S. 3-2-202
• Take reasonable care of the ward's personal property, and start protective proceedings if the property needs protection
• Conserve excess funds and pay them to the conservator at least once a year
• After the ward's death, arrange final disposition of the remains according to the ward's known wishes if the immediate family is unavailable or unwilling

Some decisions need a court order after notice, a hearing and a guardian ad litem (W.S. 3-2-202): committing the ward to a mental health facility; consenting to electroshock therapy, psychosurgery, sterilization or other long-term or permanent contraception; relinquishing the ward's minor child for adoption; and signing advance medical directives for the ward.

The guardian files a signed, written report on the ward's physical condition, level of disability, residence, treatment, care and activities, and on what the guardian has done, within six months of appointment, every six months after that, and within 30 days after the guardianship ends (W.S. 3-2-109(a)). If a report is late, the court must order the guardian to show cause why they should not be held in contempt (W.S. 3-2-109(c)). The court sets and approves a guardian's fees, which must be reasonable and appropriate, and approves none while any report is overdue (W.S. 3-2-111). The ward or the ward's estate bears the court costs, including the reasonable fees of the guardian and the guardian's attorney (W.S. 3-3-1002).

A conservator files a verified inventory within 90 days after appointment (W.S. 3-3-602) and a verified report and accounting every year within 60 days after the anniversary of appointment (W.S. 3-3-901(a)(i)).

Anyone who believes a guardian or conservator is not doing the job may send a verified complaint to the clerk of the district court that set up the case. The fiduciary has 20 days to respond, and the court then dismisses the complaint or sets a hearing (W.S. 3-1-111).

Naming a Guardian for a Minor Child

For a child, Wyoming's plan runs through the court, not through a will alone.

• Priority list. Under W.S. 3-2-107(d), qualified people rank for guardian of a minor in this order: the parent or parents; the person nominated in the custodial parent's will; the person a minor aged 14 or older requests; and any other person whose appointment would be in the minor's best interests. As with adults, the court considers the list but is not bound by it (W.S. 3-2-107(e)).
• A will nomination is not self-executing. Title 3 has no section that makes a guardian named in a will take office on acceptance. The nominee ranks second and still needs a court appointment. The nomination still carries weight, because it tells the court whom the parent trusted.
• The guardian's role. A guardian of a minor has the powers and responsibilities of a parent who has custody. A guardian who is not the child's parent does not have to spend their own money on the child's support (W.S. 3-2-201(e)).
• Short of a full guardianship. A relative who is at least 18 and is the child's main physical custodian (a stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt) may petition by affidavit to be the child's temporary guardian for school, medical care and dental care (W.S. 3-2-301; 3-2-302(a)). The court may grant it without notice to the parents, who are then served and may ask for a full hearing. It lasts no more than one year except on good cause (W.S. 3-2-302(b) to (d)), and the caregiver must tell the court within 3 business days if the child leaves their custody (W.S. 3-2-303).
• Small sums without a conservator. A person who owes a minor money or property may pay up to $25,000 a year, or deliver property worth up to $25,000, to a married or emancipated minor, the person the minor lives with, a guardian, or an insured account in the minor's name (W.S. 3-3-108(a)). Chapter 142, Laws of 2025 (SF0010) raised that figure from $5,000, effective July 1, 2025.

A minor guardianship ends when the child turns 18 unless the child has been adjudged incompetent (W.S. 3-3-1101(a)(i)). When a parent petitions to end one, the court weighs the child's best interests while giving deference to the presumption that a fit parent is entitled to custody, and may set a reintegration plan such as graduated visitation or a parenting class (W.S. 3-3-1107).

A 2025 law raised the stakes for long relative guardianships. Chapter 138, Laws of 2025 (SF0022), effective July 1, 2025, added W.S. 14-2-309(a)(x): parental rights may be terminated on clear and convincing evidence that the child has a guardian who is a relative, has been in that guardian's care for at least 24 consecutive months, and that the parent is unfit to have custody. The rule is one reason a relative guardianship can carry consequences beyond the guardianship itself, and how it bears on one family is a question for a licensed Wyoming attorney.

The Wyoming Judicial Branch posts a Guardianship of a Minor packet (forms GMCP 0 to GMCP 19) and, for adults, a separate petition, instructions and related forms.

What It Costs to Open a Case

Wyoming publishes no statewide guardianship filing figure. The Judicial Branch's adult instructions say the filing fee "is determined by the local district court clerk" and tell filers to call the clerk in their county for the exact amount. A filer who cannot pay may ask the judge to waive fees with an Affidavit of Indigency.

The statute that sets the clerk's fees "for probate matters" is W.S. 2-2-401, and its value-based line names a guardianship expressly:

The Judicial Branch tells filers to mark the civil cover sheet "Guardianship" under "Probate", so ask the clerk whether the probate schedule above is what your county charges. Other costs to plan for, according to the adult instructions: the sheriff's service fee, usually about $50 in Wyoming for each person served; newspaper charges if someone must be served by publication; and the guardian ad litem's fees, which the petitioner will very likely be required to pay.

Ending, Changing or Moving a Guardianship

A Wyoming guardianship can be undone. Under W.S. 3-3-1105, the ward may petition to end it no sooner than six months after the appointment, and after a denial must wait another six months. W.S. 3-3-1101 ends a guardianship or conservatorship when the court finds the ward competent and capable and that continuing is not in their best interest, when it is no longer needed for any other reason, or on the ward's death. If the court finds a guardian or conservator is not acting in the ward's best interest, it appoints another one.

For an adult who moves, chapter 8 of Title 3, Wyoming's version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, controls. A Wyoming court may appoint if Wyoming is the respondent's home state, meaning the state where they were physically present for at least six consecutive months before the petition (W.S. 3-8-201(a)(ii); 3-8-203(a)(i)), or in the narrower cases the Act allows. One of those lets a Wyoming court appoint a guardian in an emergency, for no more than 90 days, for a respondent physically present in Wyoming (W.S. 3-8-204(a)(i)).

Planning Ahead Compared With a Court Case

When a court case cannot be avoided, the Wyoming guardianship page walks through the court process itself.

Frequently Asked Questions

What is the difference between a guardian and a conservator in Wyoming?

A guardian makes decisions about the person, such as where they live and what medical care they receive. A conservator has custody and control of the person's property. Wyoming Statutes 3-1-101 treats a guardian of the estate and a guardian of the property as other names for a conservator, and calls the person under either arrangement the ward. Under W.S. 3-1-105, one petition can ask for both, and the same person can serve in both roles.

Can I choose my own guardian in Wyoming before I lose capacity?

Yes, in three ways. A power of attorney can nominate a conservator or a guardian of the person, and under W.S. 3-9-108(a) the court appoints according to your most recent nomination except for good cause or disqualification. A written advance health care directive can nominate a guardian of the person under W.S. 35-22-403(h). And under W.S. 3-3-301 and 3-2-108 you can sign a standby petition that the court acts on only if a condition you describe comes about.

What does a Wyoming court need to see before it appoints a guardian?

Proof by a preponderance of the evidence. Under W.S. 3-2-104(a), the court may appoint a guardian if the petition's allegations about the proposed ward's status and the need for a guardian are proved by a preponderance of the evidence. The case runs under the Wyoming Rules of Civil Procedure and Evidence, and the petitioner, the proposed ward or the custodian may demand a jury under W.S. 3-2-103.

How long can a temporary guardianship last in Wyoming?

For an adult, no more than 90 days except on good cause, and the court may extend it once for up to 90 more days or convert it to a regular guardianship or conservatorship (W.S. 3-2-106(b)). For a minor, no more than one year except on good cause (W.S. 3-2-106(c)). An emergency guardian named without notice must see a hearing within 72 hours (W.S. 3-2-106(e)).

How often does a Wyoming guardian report to the court?

Every six months. W.S. 3-2-109 requires a signed written report on the ward's condition, residence, treatment, care and activities within six months of appointment, every six months after that, and within 30 days after the guardianship ends. If a report is late, the court must order the guardian to show cause why they should not be held in contempt.

Can a Wyoming guardianship be ended?

Yes. Under W.S. 3-3-1105, the ward may petition to end it no sooner than six months after the appointment, and after a denial must wait another six months. W.S. 3-3-1101 ends a guardianship when the court finds the ward competent, when it is no longer needed, on the ward's death, or, for a minor, at 18. A guardian found not acting in the ward's best interest is replaced.

Related Guides

• Wyoming power of attorney
• Wyoming advance directive
• Wyoming estate planning basics
• Wyoming district courts by county
• Wyoming probate guide

Sources:

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• Title: W.S. 3-3-901, Conservator shall report and account. Publisher: Wyoming Legislature, Wyoming Statutes Title 3. Publication Date: May 8, 2026 (PDF edition), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title03.pdf
• Title: W.S. 3-3-1002, Court costs of guardianship. Publisher: Wyoming Legislature, Wyoming Statutes Title 3. Publication Date: May 8, 2026 (PDF edition), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title03.pdf
• Title: W.S. 3-3-1101, Cause for termination. Publisher: Wyoming Legislature, Wyoming Statutes Title 3. Publication Date: May 8, 2026 (PDF edition), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title03.pdf
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• Title: W.S. 3-3-1107, Termination of guardianships; reintegration plan. Publisher: Wyoming Legislature, Wyoming Statutes Title 3. Publication Date: May 8, 2026 (PDF edition), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title03.pdf
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• Title: W.S. 14-1-101, Age of majority; rights on emancipation, and W.S. 14-2-309, Grounds for termination of parent-child relationship; clear and convincing evidence. Publisher: Wyoming Legislature, Wyoming Statutes Title 14 (Children). Publication Date: May 8, 2026 (PDF edition), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title14.pdf
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• Title: Enrolled Act No. 83, Senate (2025 SF0022), Ground for termination of parental rights-guardianship, Laws 2025 ch. 138. Publisher: Wyoming Legislature. Publication Date: 2025, effective July 1, 2025. URL: https://wyoleg.gov/2025/Enroll/SF0022.pdf
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