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Wyoming Advance Directive Guide
Support GuideWyoming13 min read

Wyoming Advance Directive Guide

A Wyoming advance directive can be an oral or written instruction, a health care power of attorney signed before a notary or two witnesses, or both.

By Settled Editorial

A Wyoming advance directive is an individual instruction, a power of attorney for health care, or both, under the Wyoming Health Care Decisions Act. An instruction may be oral or written. A health care power of attorney must be in writing, signed, and then either acknowledged before a notary or signed by two qualified witnesses (W.S. 35-22-403). If you sign neither, Wyoming law lets a family member act as your surrogate.

This page walks through Title 35, chapter 22 of the Wyoming Statutes as published by the Wyoming Legislature after its 2026 session. It is not legal advice, so have a Wyoming attorney review what you sign.

What Counts as an Advance Directive in Wyoming

Wyoming adopted its Health Care Decisions Act in 2005, at W.S. 35-22-401 through 35-22-416. Section 35-22-402(a)(i) defines an advance health care directive as "an individual instruction or a power of attorney for health care, or both." Those are the two planning documents. Wyoming also has two related tools that work differently.

ToolWhat it doesFormalitiesStatute
Individual instructionYour own directions about your health careOral or written; none named35-22-403(a)
Power of attorney for health careNames an agent to decide for youWriting, signature, and a notary or two witnesses35-22-403(b), (c)
WyoPOLSTMedical orders about life-sustaining treatmentSigned by you or your decision maker and your provider35-22-501 to 35-22-509
Psychiatric advance directiveDirections about mental health crisis careDepartment protocol; lasts two years35-22-301 to 35-22-308

There is no official Wyoming form. The Act once had an optional form at 35-22-405, and 2007 Wyo. Sess. Laws ch. 61 repealed it effective July 1, 2007. Any writing that meets 35-22-403 works.

The Individual Instruction (Wyoming's Living Will)

An adult or emancipated minor may give an individual instruction (35-22-403(a)). The statute defines it as your "direction concerning a health care decision" for yourself (35-22-402(a)(xi)). Three features stand out:

  1. It may be oral. Section 35-22-403(a) says the instruction "may be oral or written."
  2. No witnesses or notary are named. The witness rules in 35-22-403(b) and (c) apply to a health care power of attorney, not to an instruction.
  3. You pick the trigger. The instruction "may be limited to take effect only if a specified condition arises." Wyoming does not tie it to a terminal diagnosis.

A written instruction still carries more weight than a spoken one. Only a written directive can change who decides whether you have lost capacity (35-22-403(e)) or nominate a guardian of your person (35-22-403(h)). And a provider who learns of a directive must record it in your health care record and ask for a copy if it is in writing (35-22-408(b)).

The instruction can reach tube feeding. The Act defines artificial nutrition and hydration as food and water supplied through a conduit such as a tube or IV line, and excludes spoon or bottle feeding (35-22-402(a)(iii)). A health care decision includes directions to give, withhold or withdraw it (35-22-402(a)(ix)(C)). No section of the Act limits a directive during pregnancy.

Signing a Wyoming Health Care Power of Attorney

A power of attorney for health care names an agent to make health care decisions for you (35-22-402(a)(xiii)). Section 35-22-403(b) sets these rules:

  • You must be an adult or an emancipated minor.
  • The power must be in writing and signed by you, or by another person in your presence and at your expressed direction.
  • It must be acknowledged before a notarial officer, or signed by at least two witnesses. Each witness must have seen you sign or acknowledge it.
  • It keeps working after you lose capacity, and it may include individual instructions.

Each witness makes this declaration in substance: "I declare under penalty of perjury under the laws of Wyoming that the person who signed or acknowledged this document is known to me to be the principal, and the principal signed or acknowledged this document in my presence."

Section 35-22-403(c) says none of these people may witness:

  1. a treating health care provider, or an employee of that provider,
  2. the agent named in the document,
  3. the operator of a community care facility, or an employee of the operator or facility,
  4. the operator of a residential care facility, or an employee of the operator or facility.

The statute does not disqualify relatives or heirs. It does limit who can serve as agent: unless related to you by blood, marriage or adoption, your agent may not own, operate or work for a residential or community care facility where you are receiving care (35-22-403(b)).

Wyoming's Uniform Power of Attorney Act does not govern this document. W.S. 3-9-103(a)(ii) excludes "a power to make health care decisions," so the health care power answers only to 35-22-403. Money and property need a financial power of attorney, which follows its own signing rules.

When Your Agent Takes Over

Unless your document says otherwise, your agent's authority starts only once someone determines you lack capacity, and it stops if you recover (35-22-403(d)). The Act defines capacity as the ability to understand the benefits, risks and alternatives of proposed care and to make and communicate a decision (35-22-402(a)(iv)).

The physician in charge of your care makes that call, meaning one you or your decision maker chose or, failing that, one who takes on the role (35-22-402(a)(xv)). If that physician is unavailable, the treating provider in charge may decide (35-22-403(e)). Until a physician certifies in writing that you lack capacity, the law presumes you have it (35-22-412(b)). You can also write the power to take effect right away.

Once in charge, your agent must follow your directive and other known wishes. Where your wishes are unknown, the agent decides by your best interest, weighing your personal values (35-22-403(f)). Three more rules shape the role:

  • No court needed. A decision by your agent is effective without judicial approval (35-22-403(g)).
  • Your agent outranks a guardian. Absent a court order to the contrary, an agent's health care decision takes precedence over a guardian's (35-22-407(b)).
  • Medical records. Unless your directive says otherwise, the person deciding for you has the same right you have to see, copy and release your health information (35-22-409).

You can also name the person you want as guardian of your person in a written directive (35-22-403(h)). That nomination matters if a court case ever starts. For what that process looks like when no directive exists, see our guardianship page.

Who Decides Without a Directive: Wyoming Surrogates

If you have no valid directive, a physician or provider has found you lack capacity, and no agent or guardian is reasonably available, a surrogate may make health care decisions for you (35-22-406(a)). Wyoming's surrogate covers health care decisions generally, including starting or stopping life-sustaining procedures (35-22-402(a)(xx)).

You can name your own surrogate just by telling your provider in person. No writing is required (35-22-406(b)). Without that, the statute says "it is suggested" that a reasonably available family member act, in this descending order:

  1. your spouse, unless legally separated,
  2. an adult child,
  3. a parent,
  4. a grandparent,
  5. an adult brother or sister,
  6. an adult grandchild.

If none of them is reasonably available, an adult who has shown special care and concern for you, knows your personal values and is reasonably available may act (35-22-406(c)). Note that a grandparent ranks ahead of your brothers and sisters, and adult grandchildren come last among relatives.

When several members of one class step in and disagree, and the provider learns of it, the provider follows the majority of that class who have spoken up (35-22-406(e)). The statute says nothing about a tie. A surrogate must tell the other listed family members that they have taken on the role (35-22-406(d)), and a provider may ask for a written declaration under penalty of perjury showing the surrogate's authority (35-22-406(k)).

You can block someone, family included, by a signed writing or by telling your provider in person (35-22-406(h)). If a dispute cannot be settled at the bedside, the patient, agent, guardian, surrogate, provider or any listed family member may ask the district court to direct the decision (35-22-415).

Changing or Revoking Your Directive

Section 35-22-404 splits revocation in two:

  • The agent. You can revoke the naming of an agent only by a signed writing (35-22-404(a)).
  • Everything else. Any other part may be revoked at any time and in any manner that shows your intent. An oral revocation must be put in a writing signed and dated by you or a witness as soon as possible (35-22-404(b)).

Divorce, annulment, dissolution or legal separation revokes the naming of a spouse as agent unless the decree or the power says otherwise (35-22-404(d)). A newer directive that conflicts with an older one revokes the older one to the extent of the conflict (35-22-404(e)). A copy of a written directive or revocation has the same effect as the original (35-22-413), so hand out copies freely.

What Providers Must Do

A provider or facility must follow your instruction and the decisions of the person authorized to act for you (35-22-408(d)). A provider may decline for reasons of conscience, and a facility may decline under a written conscience policy it communicated in time. Either may also refuse care that is medically ineffective (35-22-408(e), (f)). A provider who declines must tell you or your decision maker, keep giving care, including life-sustaining care, and help move you to someone who will comply (35-22-408(g)).

No provider may make signing or revoking a directive a condition of treatment (35-22-408(h)). Section 35-22-411 adds civil damages: $500 or actual damages, whichever is greater, plus attorney's fees, against a provider who willfully or recklessly ignores your instruction, and $2,500 or actual damages against anyone who forges, conceals or destroys a directive, or coerces someone to sign or revoke one. Under 35-22-414(b), death from withholding or withdrawing care under the Act is not suicide or homicide and does not void a life insurance policy or annuity.

WyoPOLST: Medical Orders for Serious Illness

Wyoming's POLST is statutory, under the Provider Orders for Life Sustaining Treatment Program Act (35-22-501 to 35-22-509). It turns your care goals into medical orders that travel with you across care settings (35-22-502(a)). It is a clinician's order, not a planning document you sign alone.

  • Who signs. You, or your agent, guardian or surrogate, and the provider entering the orders, who certifies discussing your goals with you (35-22-504(a)(iii)). The Wyoming Department of Health says an MD, PA, FNP or APRN may sign.
  • Who must follow it. EMS crews, providers and facilities, absent actual notice of revocation (35-22-505(a)).
  • Without one. Absent a POLST, other orders in your chart or an available advance directive, the law presumes you consent to life-sustaining treatment (35-22-505(c)).
  • Conflicts. Between a POLST and a 35-22-403 directive, the most recent one you signed controls (35-22-505(g)).
  • Other states. An out-of-state POLST is presumed valid in Wyoming (35-22-505(d)).

The department recommends printing the form and copies on gold paper and posting it where EMS will look, such as inside your front door. WyoPOLST replaced the Comfort One program. The old cardiopulmonary resuscitation directive statute, 35-22-201 to 35-22-208, was repealed effective July 1, 2016, but directives made under it remain valid unless your later advance directive expressly revokes them (35-22-414(f)).

Psychiatric Advance Directives

A separate article, 35-22-301 to 35-22-308, covers directions about psychiatric crisis care such as medication, restraint or seclusion (35-22-301(a)(v)). The Department of Health's protocol calls for your attending physician or psychiatric personnel to countersign it (35-22-303(b)(ix)). It lasts no more than two years unless you reaffirm it (35-22-308). If you are admitted to a facility, staff follow it pending further physician's orders (35-22-305).

Next Steps

  1. Decide whether you want written instructions, an agent, or both in one document.
  2. Sign your health care power of attorney before a notary, or before two adults who are not on the 35-22-403(c) list.
  3. Give copies to your agent, your family and each provider, and ask that they go in your record.
  4. If you have a serious illness, ask your provider about a WyoPOLST.
  5. Read Wyoming estate planning basics so your health care plan matches your will and financial power of attorney.

Sources:

It is not legal advice.

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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.

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