Wyoming Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Wyoming court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on W.S. Title 3 (Guardian and Ward), chapters 1 through 3 (general provisions, guardianship, conservatorship), 3-1-101 et seq., with chapter 8 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act) and chapter 6 (Uniform Veterans' Guardianship Act)

By Settled Estate EditorialPublished: June 28, 2026Updated: September 28, 2026

What guardianship and conservatorship mean here

Guardianship in Wyoming is a district court case under Title 3 of the Wyoming Statutes. A guardian makes personal decisions, such as where a person lives and what medical care they receive, for a minor or for an adult the court finds is an incompetent person. A conservator manages the person's money and property. Any person may file the petition, the case runs under the Wyoming Rules of Civil Procedure and Evidence, the petitioner, the proposed ward or the custodian may demand a jury, and the court may appoint only if the petition's allegations are proved by a preponderance of the evidence. The proposed ward has a statutory right to the least restrictive and most appropriate guardianship that fits their circumstances. A guardian must file a written report within six months of appointment and every six months after that.

Wyoming uses guardian for decisions about the person and conservator for decisions about property; the statute treats 'guardian of the estate' and 'guardian of the property' as other names for a conservator. A guardianship or conservatorship can be plenary (the full range of duties the law allows) or limited (limited in scope or in duration). The adult who needs protection is an incompetent person or, where the cause is mental illness, mental deficiency or intellectual disability, a mentally incompetent person. The person under a guardianship or conservatorship is the ward (W.S. 3-1-101).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Plenary Guardian of an Incompetent Person

A plenary guardian carries the full range of duties the law allows. The guardian decides where the ward lives, choosing the least restrictive and most appropriate residence, supports the ward's education and social activities, authorizes or withholds medical and professional care, looks after the ward's personal property, and may consent to the ward's marriage or adoption. Committing the ward to a mental health facility, electroshock therapy, psychosurgery, sterilization, long-term contraception, relinquishing the ward's child for adoption, and signing advance directives for the ward each need a court order after notice, a hearing and a guardian ad litem.

W.S. 3-1-101(a)(xiv); 3-2-201; 3-2-202

Conservator of a Ward's Property

A conservator takes possession of the ward's real and personal property, pays the taxes on it, collects its income, invests it prudently and spends it for the ward's benefit. Title stays with the ward. The conservator files a verified inventory within 90 days and a verified report and accounting every year within 60 days after the anniversary of appointment. Selling or mortgaging the ward's property, settling claims, supporting the ward's dependants, making gifts and creating a revocable trust each need a court order. A conservatorship can be plenary or limited.

W.S. 3-3-104; 3-1-203; 3-1-204; 3-3-601; 3-3-602; 3-3-607; 3-3-901

Limited Guardian

A limited guardianship is one the court limits in the scope of the guardian's duties or in how long the appointment lasts. The order must state the reasons the ward needs a guardian, whether the guardian's duties are limited or plenary, and whether the appointment is for a specified term or permanent. A guardian must ask the court to change the range of duties when the ward's circumstances change.

W.S. 3-1-101(a)(xi); 3-2-104(b); 3-2-201(a)(ix)

More guardianship types10 additional arrangements courts use in specific situations, with statute cites

Guardian of a Minor

The court may appoint a guardian for a minor when that serves the child's best interest. A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody, but a guardian who is not the child's parent need not spend their own money on the child's support and is not liable to others for the child's acts. Parents have first preference, then a person nominated in the custodial parent's will, then a person a minor aged 14 or older requests. The guardianship ends when the minor turns 18 unless the minor has been adjudged incompetent.

W.S. 3-2-201(e); 3-2-107(d); 3-3-1101(a)(i)

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 a showing of 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 regular guardianship or conservatorship. A temporary guardianship of a minor lasts no more than one year except on good cause.

W.S. 3-2-106(a)-(c)

Emergency Guardian

When following the normal procedure would likely cause substantial harm to the proposed ward's health, safety or welfare and no one else has authority and is willing to act, a person interested in the proposed ward's welfare may petition for an emergency guardian. The court must appoint a guardian ad litem as soon as the petition arrives. An emergency guardian appointed without notice may make only medical and medically related decisions, the proposed ward and guardian ad litem must be told within 48 hours, and the court must hold a hearing within 72 hours. An emergency appointment is not a finding of incapacity.

W.S. 3-2-106(d)-(h)

Temporary Conservator

After a hearing on a petition for a temporary conservator, the court may appoint one on any notice and conditions it sets. Every order appointing a temporary conservator is limited to no more than 90 days, and the court may extend it for up to 90 more days or convert it to a guardianship or conservatorship.

W.S. 3-3-107

Standby Guardian or Conservator

An adult of sound mind may sign a petition asking 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. The petition may nominate the conservator and ask for no bond or a stated bond, may be left with any person, bank or trust company, and may be revoked while the petitioner is of sound mind. When the condition occurs, the holder files the petition with a verified statement in the county where the petitioner lives. A standby guardian of the person uses the same procedure.

W.S. 3-3-301 through 3-3-306; 3-2-108

Voluntary Guardian or Conservator

A person may petition for their own guardian, including a minor aged 14 or older, and the court may appoint one if it is in the petitioner's best interest. A person aged 14 or older may likewise petition for their own conservator. The Judicial Branch instructions note that the petitioner must be competent when signing a voluntary petition.

W.S. 3-2-105; 3-3-106

Temporary Guardian for School, Medical and Dental Care

A relative who is the child's primary physical custodian (a stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt, aged 18 or older) may petition by affidavit to be the child's temporary guardian for educational, medical and dental care. The court may grant it ex parte, without notice to the parents, on a preponderance finding that it is in the child's best interest, not detrimental to anyone else's interests, and that no one else has authority and willingness to act. The parents are then served and may ask for a full hearing. It lasts no more than one year except on good cause, and the caregiver must tell the court within three business days if the child leaves their custody.

W.S. 3-2-302; 3-2-301; 3-2-303

Conservator for an Absent Owner

When a person who owns property in Wyoming cannot be located, has made no provision for its care, and the property is likely to be lost or damaged or the owner's dependants are likely to lose support, any person may petition for a conservator of that property. The absentee is served by publication and the spouse, children, heirs and beneficiaries are notified; the court may appoint on a preponderance of the evidence.

W.S. 3-3-201 through 3-3-206

Guardian Under the Uniform Veterans' Guardianship Act

When federal veterans' benefits require a guardian before payment, the appointment follows chapter 6 of Title 3. An individual may not serve as guardian for more than five wards at once unless all are members of one family or the guardian is a bank or trust company acting for the estates only, and the guardian's compensation may not exceed 5 percent of the ward's income in a year unless the court approves more for extraordinary services.

W.S. 3-6-104; 3-6-112

Conservator by Operation of Law for State Institution Residents

The administrator of the Wyoming Life Resource Center is conservator of the estate of each adult admitted there, and of each admitted minor with an estate over $5,000, unless a conservator or authorized agent already exists. The superintendent of the Wyoming State Hospital holds the same role for adult residents adjudged mentally incompetent and for admitted minors with estates over $5,000. A court-appointed conservator replaces the institutional one.

W.S. 3-3-501; 3-3-504

The Wyoming guardianship court process

1Decide whether a guardianship is neededCheck first whether a durable power of attorney, a health care power of attorney, a health care surrogate, or a standby petition the person already signed covers the need.

Check first whether a durable power of attorney, a health care power of attorney, a health care surrogate, or a standby petition the person already signed covers the need. The proposed ward has a right to the least restrictive and most appropriate arrangement, and an agent's health care decision outranks a guardian's unless a court orders otherwise. If only money needs managing, a conservatorship may be enough; one petition can ask for both.

2Prepare the petitionAny person may petition.

Any person may petition. The petition 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 care or custody of them; and the petitioner's interest. The Judicial Branch publishes a statewide adult petition form and a minor guardianship packet.

3File with the clerk of district courtFile in the county where the proposed ward lives or is present, with a civil cover sheet marked Guardianship under Probate.

File in the county where the proposed ward lives or is present, with a civil cover sheet marked Guardianship under Probate. Under W.S. 2-2-401 the clerk collects $110 plus a $40 court automation fee and a $10 indigent civil legal services fee, $160 in all, but the Judicial Branch tells filers to confirm the amount with the local clerk. A filer who cannot pay may ask the judge to waive fees with an Affidavit of Indigency.

4Serve notice of the petitionIn an involuntary case the proposed ward, their custodian and the proposed guardian must be served, along with 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, and anyone else the court orders.

In an involuntary case the proposed ward, their custodian and the proposed guardian must be served, along with 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, and anyone else the court orders. Service follows the Wyoming Rules of Civil Procedure. The proposed ward cannot accept service for themselves in an involuntary case and is served by a sheriff or process server; others may sign an acknowledgment of service, and people who cannot be found are served by publication.

5Guardian ad litem and counselThe proposed ward has a right to a guardian ad litem under Rule 17(c) of the Wyoming Rules of Civil Procedure and to counsel appointed on court order.

The proposed ward has a right to a guardian ad litem under Rule 17(c) of the Wyoming Rules of Civil Procedure and to counsel appointed on court order. A guardian ad litem represents the proposed ward's best interests, is not their lawyer, and must report to the court within 30 days on the proposed ward's condition with recommendations. The Judicial Branch warns that the petitioner will very likely be required to pay the guardian ad litem's fees.

6Wait for responses, then ask for a hearingAccording to the Judicial Branch instructions, a person served in Wyoming has 20 days to respond, 30 days if served out of state, and 30 days after the last publication if served by publication.

According to the Judicial Branch instructions, a person served in Wyoming has 20 days to respond, 30 days if served out of state, and 30 days after the last publication if served by publication. The hearing is not set automatically: once the response time runs, the petitioner files a request to set a hearing, and the court may order pretrial disclosure of witnesses and exhibits.

7The hearingThe case is governed by the Wyoming Rules of Civil Procedure and Evidence, and the petitioner, the proposed ward or the custodian may demand a jury.

The case is governed by the Wyoming Rules of Civil Procedure and Evidence, and the petitioner, the proposed ward or the custodian may demand a jury. The proposed ward may attend. The petitioner must prove the proposed ward's status and the need for a guardian by a preponderance of the evidence; the Judicial Branch suggests medical records, social services records and testimony from family, friends and medical professionals.

8Order, oath and lettersThe order states why the ward needs a guardian, who is appointed, whether the appointment is for a set term or permanent, and whether the duties are limited or plenary.

The order states why the ward needs a guardian, who is appointed, whether the appointment is for a set term or permanent, and whether the duties are limited or plenary. The Probate Code's rules on qualification, oath and bond apply, though a guardian gives bond only if the court finds good cause. By accepting, the guardian submits to the court's jurisdiction in later proceedings. The clerk issues letters of guardianship as proof of authority.

9Report every six monthsThe guardian files a signed report on the ward's physical condition, level of disability or functional incapacity, 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.

The guardian files a signed report on the ward's physical condition, level of disability or functional incapacity, 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. A late report brings an order to show cause why the guardian should not be held in contempt. A conservator files an inventory within 90 days and an annual accounting.

10Complaints, termination and restorationAnyone who believes a guardian or conservator is not doing the job may file a verified complaint with the clerk; the fiduciary has 20 days to respond before the court dismisses it or sets a hearing.

Anyone who believes a guardian or conservator is not doing the job may file a verified complaint with the clerk; the fiduciary has 20 days to respond before the court dismisses it or sets a hearing. The ward may petition to end the case no sooner than six months after appointment, and after a denial must wait another six months. The case ends on a finding that the ward is capable, that 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.

How long it takes

Wyoming sets no deadline for the guardianship hearing, so the time from filing to appointment depends on service, the response period and the district court's calendar. Under the Judicial Branch instructions, people served in Wyoming have 20 days to respond (30 if served out of state), publication runs four consecutive weeks followed by a 30-day response period, and the petitioner must then ask for a hearing date. A guardian ad litem reports within 30 days of appointment. An agreed case can move within a few months; one that needs publication or is contested takes longer. When there is an emergency, the court can appoint an emergency guardian and must hold a hearing within 72 hours of an appointment made without notice.

Guardian ad litem report: within 30 days after the guardian ad litem's appointment (W.S. 3-1-108(b))
Notice after an emergency appointment without notice: within 48 hours (W.S. 3-2-106(e))
Hearing after an emergency appointment without notice: within 72 hours (W.S. 3-2-106(e))
Temporary guardian of an adult maximum: 90 days, extendable once by up to 90 more days, except on good cause (W.S. 3-2-106(b))
Temporary guardian of a minor maximum: 1 year, except on good cause (W.S. 3-2-106(c))
Temporary conservator maximum: 90 days, extendable by up to 90 more days (W.S. 3-3-107(b))
Caregiver temporary guardianship maximum: 1 year, except on good cause (W.S. 3-2-302(d))
Caregiver notice of custody change: within 3 business days (W.S. 3-2-303)
Out of state emergency appointment maximum: 90 days (W.S. 3-8-204(a)(i))
First guardian report: within 6 months of appointment (W.S. 3-2-109(a)(i))
Later guardian reports: every 6 months (W.S. 3-2-109(a)(ii))
Final guardian report: within 30 days of removal, resignation or termination (W.S. 3-2-109(a)(iii))
Conservator inventory due: within 90 days after appointment, or longer if the court allows (W.S. 3-3-602)
Conservator annual accounting: within 60 days after each anniversary of appointment (W.S. 3-3-901(a)(i))
Response to a complaint against a guardian: 20 days (W.S. 3-1-111(c))
Earliest petition to terminate: 6 months after appointment, and 6 months after a denied petition (W.S. 3-3-1105)
Review after accepting an out of state guardianship: within 90 days of the final order accepting transfer (W.S. 3-8-302(f))
Suit on a guardian or conservator bond: within 5 years after discharge or removal (W.S. 3-1-109)
Hearing for a guardianship case: not fixed by statute; the petitioner requests a date after the response period

Alternatives to consider before guardianship

Durable Financial Power of Attorney

Under Wyoming's Uniform Power of Attorney Act, a power of attorney signed on or after January 1, 2018 is durable unless it says incapacity ends it. The principal signs it, or someone signs in the principal's conscious presence at their direction; notarization is not required but makes the signature presumptively genuine. It can nominate a future conservator or guardian, and if a conservator is later appointed the agent's authority continues unless the court limits it.

W.S. 3-9-104; 3-9-105; 3-9-108

Health Care Power of Attorney and Advance Directive

Under the Wyoming Health Care Decisions Act, an adult can name an agent for health care decisions in a written power of attorney that is notarized or signed before two qualified witnesses, give written or oral individual instructions, and nominate a guardian of the person. Unless a court orders otherwise, an agent's health care decision takes precedence over a guardian's.

W.S. 35-22-403; 35-22-407(b)

Health Care Surrogate Without a Court

When a patient's primary physician or primary health care provider has found that the patient lacks capacity and there is no agent or guardian available, a surrogate can make health care decisions without going to court. The patient may name one by telling the primary provider; otherwise the statute suggests the spouse, an adult child, a parent, a grandparent, an adult sibling, then an adult grandchild, and after them an adult who has shown special care and concern. A surrogate's decision is effective without court approval.

W.S. 35-22-406

Standby Conservatorship Petition

An adult of sound mind can sign, in advance, a petition for a conservator of their own property that takes effect only on a named event or health condition, nominate the conservator, address bond, leave the petition with a trusted person or bank, and revoke it while still of sound mind. The same procedure is available for a standby guardian.

W.S. 3-3-301 through 3-3-306; 3-2-108

Payments to or for a Minor Without a Conservatorship

A person who owes a minor money or personal property can pay up to $25,000 a year, or deliver property worth up to $25,000, to the married or emancipated minor, the person the minor lives with, a guardian, or an insured account in the minor's name, with no conservatorship. Separately, money or property up to $25,000 may be delivered to a custodial parent who swears the minor's whole estate is within that figure, and a parent may settle a minor's claim of up to $25,000 without court approval if the statute's conditions are met.

W.S. 3-3-108; 14-2-202

Relative Caregiver's Temporary Guardianship for School and Medical Care

A grandparent, aunt, uncle, adult sibling or other listed relative who has primary physical custody of a child can get a limited, ex parte temporary guardianship covering only school enrollment and medical and dental care, for up to one year, instead of a full guardianship. The parents are served and may request a full hearing.

W.S. 3-2-302; 3-2-301

Limited Guardianship or Conservatorship

Where some protection is needed, the court can limit the guardian's or conservator's duties in scope or in time rather than grant plenary authority, and a ward has a statutory right to the least restrictive and most appropriate arrangement.

W.S. 3-1-101(a)(x), (xi); 3-1-206(a)(i)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: A Wyoming adult has three ways to choose a future guardian or conservator in advance. A power of attorney under the Uniform Power of Attorney Act may nominate a conservator of the estate or a guardian of the person, and the court must appoint according to the principal's most recent nomination except for good cause or disqualification (3-9-108(a)). A written advance health care directive may nominate a guardian of the person (35-22-403(h)). And Wyoming's standby procedure lets an adult of sound mind sign a petition for their own conservator, or guardian, that the court acts on only when a stated event or condition occurs (3-3-301 through 3-3-306; 3-2-108). Separately, a person the respondent nominated while able to make a reasonably intelligent choice ranks first for appointment as guardian (3-2-107(c)(i)).

Guardianship costs

Court filing fee: $160 to open a guardianship or conservatorship with the clerk of district court, reading W.S. 2-2-401 as applying: a $110 original filing fee plus a $40 court automation fee and a $10 indigent civil legal services fee. When an inventory shows an estate or guardianship worth $5,000 or more, the clerk adds $5 for $5,000 to $10,000 and $5 for each further $10,000 or part of it. The Judicial Branch's adult instructions give no figure and tell filers to confirm the amount with the local clerk. A filer who cannot pay may ask the judge to waive fees with an Affidavit of Indigency.
Guardian ad litem: Set by the court. The Judicial Branch instructions warn that the petitioner will very likely be required to pay the guardian ad litem's fees.
Service of process: A sheriff's service fee, usually about $50 in Wyoming according to the Judicial Branch instructions, for each person served in person, plus newspaper charges if notice must be published.
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested case, and more if anyone objects or a jury is demanded. This is a national range, not a Wyoming figure. The court may charge the ward's estate with the reasonable fees of the guardian's attorney (W.S. 3-3-1002).
Medical or capacity evaluation: $300 to $2,000 nationally, depending on the clinician. Wyoming's guardianship statutes do not require a court-ordered medical examination, but the petitioner must prove the person's status by a preponderance of the evidence, and the Judicial Branch suggests medical records and testimony from medical professionals.
Bond premium: Only if the court requires a bond: for a guardian only on good cause (W.S. 3-1-106), and for a conservator under the Probate Code bond rules. Roughly 0.5 percent of the bonded amount a year nationally; not a Wyoming figure.
Ongoing costs: No separate statutory filing fee for a guardian's six-month report was found in W.S. 2-2-401, but the court will not approve an annual report until the court costs of the case are paid or provided for (W.S. 3-3-1001).

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Wyoming?

What are the alternatives to guardianship in Wyoming?

Less restrictive alternatives in Wyoming include Durable Financial Power of Attorney, Health Care Power of Attorney and Advance Directive, Health Care Surrogate Without a Court, Standby Conservatorship Petition. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Wyoming guardianship process take?

Do I need a lawyer to file for guardianship in Wyoming?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Wyoming courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Wyoming: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wyoming can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.