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Wyoming Durable (Statutory) Power of Attorney Form

A Wyoming durable statutory power of attorney form lets a person ("principal") choose someone else ("agent") to represent their best interest while handling financial affairs on their behalf. It is "durable" when it specifies that the agent's legal authority does not terminate and is not revoked if the principal becomes incapacitated.
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Signing Requirements

The principal’s signature must be acknowledged by a notary public on the power of attorney document. If the optional Agent’s Certification form is attached, the agent’s signature must be acknowledged by a notary public as well.[1][2]

Powers Granted

The principal may grant an agent the authority to manage their affairs either specifically or generally. This can include management of:[3]

  • Real property;
  • Tangible personal property;
  • Stocks and bonds;
  • Commodities and options;
  • Banks and other financial institutions;
  • Operation of entity or business;
  • Insurance and annuities;
  • Estates, trusts, and other beneficial interests;
  • Claims and litigation;
  • Personal and family maintenance;
  • Benefits from governmental programs or civil or military service;
  • Retirement plans;
  • Taxes; and
  • Gifts.

Some of these matters, including making changes to a trust and giving gifts, must be expressly mentioned in the power of attorney for the agent to have a legal authority to manage them.[4]

“Durable” Definition

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[5]

“Power of Attorney” Definition

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal whether or not the term power of attorney is used.[6]

Revocation

A power of attorney terminates when the:[7]

  • Principal dies;
  • Principal becomes incapacitated, if the power of attorney is not durable;
  • Principal revokes the power of attorney;
  • Power of attorney provides that it terminates;
  • Purpose of the power of attorney is accomplished; or
  • Principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns and the power of attorney does not provide otherwise.

An agent’s authority terminates when:

  • The principal revokes the authority;
  • The agent dies, becomes incapacitated or resigns;
  • The principal and agent divorce or legally separate, unless the power of attorney otherwise provides; or
  • The power of attorney terminates.

Statutory Form

Yes, the State of Wyoming’s has a statutory durable power of attorney form.[8]

Sample

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