Power of Attorney and Health Care – General – Wyoming
A person may designate another person to act as the attorney in fact or agent for the principal.
The power of attorney shall be in writing and shall state:
“This power of attorney shall not become ineffective by my disability”; or
“This power of attorney shall become effective upon my disability”; or
Words showing the intent of the principal that the authority conferred by his power of attorney instrument shall be exercised notwithstanding his disability.
The authority of the attorney in fact may be exercised by him on behalf of the principal according to the terms stated in the power of attorney.
A durable power of attorney is valid notwithstanding the subsequent disability or incapacity of the principal or uncertainty concerning whether the principal is alive or deceased.
All acts done by the attorney in fact during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same as if the principal were alive, competent and not disabled.
If a conservator is appointed for the principal, the attorney in fact shall account to the conservator rather than the principal. The conservator has the same power the principal to revoke, suspend or terminate all or any part of the power of attorney.
The death, disability or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, without actual knowledge of the death, disability or incompetence of the principal. Any actions in good faith under the power of, unless otherwise invalid or unenforceable, are binding on the principal and his heirs, devisees and personal representatives.
An affidavit executed by the attorney in fact stating that at the time of doing an act pursuant to the power of attorney he did not have actual knowledge of the revocation or termination of the power of attorney by death, disability or incompetence, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.
A power of attorney may contain a provision for revocation and that provision of the power of attorney shall be binding.
A power of attorney should be executed in the presence or two witnesses who affirm the statutorily required declaration (Wyoming Statutes §3-5-202) OR be sworn to and acknowledge before a notary public.
A Power of attorney may be revoked pursuant to its specific terms regarding revocation. Unless the power of attorney otherwise specifically provides, it may be revoked by recording an instrument of revocation with a true copy of the power of attorney attached, in the office of the county clerk of the county in which the principal resides. Constructive notice of the revocation is given from and after the date of recording the instrument of revocation.
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