General Provisions

Wyo. Stat. Ann. tit. 3, ch. 1
in effect

Wyo. Stat. Ann. § 3-1-101 Definitions

(a) As used in this title, unless otherwise required by the context or unless otherwise defined: (i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward who is currently a resident of this state; (ii) "Clerk" means clerk of the district court in the county in which the matter is pending and includes the clerk of the probate court; (iii) "Conservator" means a person appointed by the court to have the custody and control of the property of a ward; (iv) "Fiduciary" means a guardian or conservator; (v) "Guardian" means a person who has qualified as a guardian of a minor or incompetent person pursuant to an appointment by the court to exercise the powers granted by the court. The term includes a plenary, limited, emergency and standby guardian, but does not include a guardian ad litem; (vi) "Guardian ad litem" means a person appointed by the court to represent the best interests of a respondent during the course of litigation; (vii) "Guardian of the estate" means "conservator"; (viii) "Guardian of the property" means "conservator"; (ix) "Incompetent person" means an individual who, for reasons other than being a minor, is unable unassisted to properly manage and take care of himself or his property as a result of the medical conditions of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability; (x) "Limited conservatorship" means a conservatorship in which the appointment by the court is limited in scope of duties or duration of appointment; (xi) "Limited guardianship" means a guardianship in which the appointment by the court is limited in scope of duties or duration of appointment; (xii) "Mentally incompetent person" means an individual who is unable unassisted to properly manage and take care of himself or his property as the result of mental illness, mental deficiency or intellectual disability; (xiii) "Plenary conservatorship" means a conservatorship in which the appointment by the court carries the full range of duties allowable by law; (xiv) "Plenary guardianship" means a guardianship in which the appointment by the court carries the full range of duties allowable by law; (xv) "Ward" means an individual for whom a guardian or conservator has been appointed by the court or designated under W.S. 3-3-501; (xvi) "Minor" means an unemancipated individual under the age of majority as defined by W.S. 14-1-101(a); (xvii) "Person" means an adult individual, or a nonprofit organization with a guardianship program; (xviii) "Respondent" means an adult or minor individual for whom a guardianship or conservatorship or other protective order is sought.

Wyo. Stat. Ann. § 3-1-102 Consent to jurisdiction.

(a) Except as provided by subsection (b) of this section, by accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or conservator or mailed to him by certified mail at his address listed in the court records and to his address as then known to the petitioner. (b) In any matter concerning an adult, the provisions of chapter 8 of this title shall apply and shall supersede the terms of subsection (a) of this section.

Wyo. Stat. Ann. § 3-1-103 Venue.

(a) The venue for a guardianship proceeding is in the place where the minor, incompetent person or mental incompetent resides or is present. If a mentally incompetent person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits. (b) The venue for a conservatorship proceeding is in the county where the ward resides, whether or not a guardian has been appointed in another place. If the ward does not reside in this state then venue is in any county where the ward has property.

Wyo. Stat. Ann. § 3-1-104 Proceedings against persons suspected of concealing ward's property.

Upon complaint of a person interested in the estate of the ward, the court may cite any person suspected of concealing, embezzling, converting or conveying property belonging to the ward to appear before the court and answer the complaint in the manner provided by the Wyoming Probate Code.

Wyo. Stat. Ann. § 3-1-105 Combining petition for guardian and conservator.

A petition for the appointment of a guardian and a conservator may be filed and the cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for the appointment of a conservator. The same person may be appointed to serve as both guardian and conservator.

Wyo. Stat. Ann. § 3-1-106 Provisions applicable to all fiduciaries shall govern.

The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited guardian shall not be required to give bond unless the court, for good cause, finds that the best interest of the ward requires a bond. The court shall then fix the terms and conditions of the guardian's bond.

Wyo. Stat. Ann. § 3-1-107 Combination of involuntary, voluntary and standby petitions and hearings.

If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3-2-101 or for the appointment of a conservator under W.S. 3-3-101, a petition is filed under the provisions of W.S. 3-2-105, 3-2-106, 3-2-302, 3-3-106, 3-3-107 or 3-3-301, the court shall combine the hearings on the petitions and determine who shall be appointed guardian or conservator.

Wyo. Stat. Ann. § 3-1-108 Guardians ad litem not affected.

(a) The appointment of a guardian or conservator for a ward does not affect or impair the power of any court to appoint a guardian ad litem to represent the best interests of any minor, incompetent person or mentally incompetent person interested in any matter. (b) A guardian ad litem appointed in an action brought under this title shall report back to the court within thirty (30) days after appointment as to: (i) The condition of the proposed ward; (ii) Recommendations for the court. (c) The guardian ad litem shall not have the powers of a guardian or conservator nor shall the guardian ad litem act as legal counsel for the proposed ward.

Wyo. Stat. Ann. § 3-1-109 Limitation of action on bond.

An action shall not be brought against the sureties on any bond given by a guardian or conservator unless it is commenced within five (5) years from the discharge or removal of the guardian or conservator, but if, at the time of the discharge, the person entitled to bring an action is under any legal disability to sue, the action may be commenced at any time within five (5) years after the disability is removed.

Wyo. Stat. Ann. § 3-1-110 Order restricting disclosure.

(a) Upon application, the court may order sealed any portion of a ward's file containing those matters described in W.S. 16-4-203(b) and (d) and any personally identifiable information, including financial information relating to the ward. Sealed records are available for inspection only under court order. (b) Nothing in this section is intended to limit the guardian's use of confidential information in the interests of the ward.

Wyo. Stat. Ann. § 3-1-111 Complaint against guardian or conservator.

(a) Any person having reason to believe that a guardian or conservator is not properly discharging his duties shall report the allegations and relevant supporting facts in a verified writing to the clerk of the district court that established the guardianship or conservatorship. (b) The clerk shall immediately send a copy of the complaint report to the guardian or conservator in the manner provided for service of process under Rule 4(r)(2) of the Wyoming Rules of Civil Procedure. (c) The guardian or conservator shall have twenty (20) days in which to respond to the complaint report. (d) Upon receipt of the guardian's or conservator's response, or at the expiration of the twenty (20) day response time, whichever occurs earlier, the court shall either dismiss the complaint or set the matter for hearing. The court may dismiss the complaint if the complaint report and response show there is no basis for the allegations that the guardian or conservator is not properly discharging his duties. (e) Notice of the hearing shall be sent to the complainant, the guardian or conservator and, when ordered by the court, the ward. (f) At the conclusion of the hearing, or after determining there is no basis for the allegations and no need for a hearing, the court shall issue findings and enter an appropriate order. (g) The court may, within its discretion, assess court costs and impose attorneys fees against any party in an action instituted under this section.

Wyo. Stat. Ann. § 3-1-201 Effect of appointment of guardian or conservator.

The appointment of a guardian or conservator does not constitute an adjudication that the ward lacks testamentary capacity.

Wyo. Stat. Ann. § 3-1-202 Powers of the ward.

(a) A ward who is a minor or a mentally incompetent person for whom a conservator has been appointed does not have the power to convey, encumber or dispose of property in any manner, except: (i) By will if he possesses the requisite testamentary capacity; or (ii) As provided by W.S. 2-1-203(a), 13-7-302 and 34.1-4-405.

Wyo. Stat. Ann. § 3-1-203 Title to ward's property.

Title to all property of the ward remains in the ward and is subject to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition as provided by law.

Wyo. Stat. Ann. § 3-1-204 Conservator's right to possession.

(a) The conservator shall: (i) Take possession of all the real and personal property of the ward; (ii) Pay out of the ward's estate the taxes assessed against the ward's property; and (iii) Collect the income realized from the ward's property. (b) The conservator may bring an action to determine title to or to gain possession of the ward's property.

Wyo. Stat. Ann. § 3-1-205 Rights of proposed ward.

(a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship or conservatorship; (iv) Have a guardian ad litem appointed in accordance with Rule 17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointed upon order of the court; and (v) The least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances. (b) The rights in subsection (a) of this section may be exercised by the proposed ward, his legal counsel or guardian ad litem.

Wyo. Stat. Ann. § 3-1-206 Rights of ward.

(a) The ward under any guardianship or conservatorship shall have the right to: (i) The least restrictive and most appropriate guardianship or conservatorship suitable to the ward's circumstances, subject to the order of preference provided by W.S. 3-2-107 and 3-3-105; (ii) The least restrictive and most appropriate residential, educational and employment environments; (iii) Freedom from inappropriate physical or chemical restraints; and (iv) All other rights available to residents of any private or public facility to which the ward is admitted or program in which the ward participates subject to any order of the court.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title03.pdfFetched: 10/4/2026

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