Wyoming Durable Power of Attorney for Healthcare Law

Power of Attorney and Health Care – General – Wyoming

Statutory Reference

WYOMING STATUTES, ยง35-22-403, et seq.

General

“Durable power of attorney for health care” means a durable power of attorney that authorizes an attorney in fact to make health care decisions for a principal. An attorney in fact under a durable power of attorney shall not make health care decisions unless ALL of the following requirements are satisfied: The durable power of attorney specifically authorizes the attorney in fact to make health care decisions; The durable power of attorney contains the date of its execution; AND The durable power of attorney is properly executed A durable power of attorney for health care MAY NOT authorize the attorney in fact to consent to: Commitment to or placement in a mental health treatment facility; Convulsive treatment; or Psychosurgery.An attorney in fact under a power of attorney for health care CANNOT be:The treating health care provider or an employee of the treating health care provider; An operator of a community care facility or residential care facility or an employee of an operator of a community care facility or residential care facility

Execution

A power of attorney should be executed in the presence or two witnesses who affirm the statutorily required declaration OR be sworn to and acknowledge before a notary public.

The following CANNOT be witnesses to a durable power of attorney for health care:A treating health care provider; An employee of a treating health care provider; The attorney in fact; The operator of a community care facility; An employee of an operator of a community care facility; The operator of a residential care facility; An employee of an operator of a residential care facility.At least one of the witnesses to a durable power of attorney for health care shall NOT be:A relative of the principal by blood, marriage or adoption; A person who would be entitled to any portion of the estate of the principal.

Revocation

A principal who has executed a durable power of attorney for health care and who still has the capacity to do so, may revoke a durable power of attorney for health care at any time by:

Notifying the attorney in fact in writing;

Notifying the health care provider in writing.

Unless the durable power of attorney for health care expressly provides otherwise, if the principal is divorced or the marriage is annulled, the divorce or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal.

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Inside Wyoming Durable Power of Attorney for Healthcare Law