Wyoming Power of Attorney Requirements & Free Form

Wyoming requirements

• Wyoming follows the Uniform Power of Attorney Act at Wyoming Statutes Title 3, Chapter 9.
• Under W.S. 3-9-105 the power of attorney must be signed by the principal, or in the principal's conscious presence by another person directed by the principal to sign the principal's name.
• Notarization is not stated as an absolute condition of validity, but W.S. 3-9-105 provides that a signature is presumed genuine if the principal acknowledges it before a notary public or other person authorized by law to take acknowledgments. Signing before a notary is the practical standard.
• The execution statute does not require witnesses for a financial power of attorney in Wyoming.
• Durability is the default: W.S. 3-9-104 provides that a power of attorney created on or after the effective date of the act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
• W.S. 3-9-106 treats a power of attorney executed in Wyoming as valid if its execution complies with W.S. 3-9-105. If the document will be used for a real estate transaction, have it acknowledged before a notary and confirm recording requirements with the county clerk where the property sits.

Frequently asked questions

Does a Wyoming power of attorney have to be notarized?

W.S. 3-9-105 does not make notarization an absolute condition of validity, but a signature acknowledged before a notary public is presumed genuine. Banks and county clerks routinely expect a notarized document, so signing before a notary is strongly recommended.

Is a Wyoming power of attorney durable by default?

Yes. Under W.S. 3-9-104 a power of attorney created on or after the act's effective date is durable unless it expressly provides that it terminates on the incapacity of the principal. Older instruments are durable only if they were durable under the law in effect when they were signed.

Official sources

• https://wyoleg.gov/statutes/compress/title03.pdf