Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
1. Understand Guardianship vs. Conservatorship in Wyoming
In Wyoming, a guardian makes personal and health care decisions for an incapacitated adult. A conservator handles that person’s property and financial matters. You may petition for one or both roles under Wyo. Stat. §§ 3-2-101 to 3-2-130 (Title 3, Ch. 2).
2. Step 1: Assess Incapacity and Need
Before filing, gather medical records and an evaluation showing the relative cannot manage personal or financial affairs. Wyoming law requires “clear and convincing evidence” of incapacity (W.S. § 3-2-101(a)).
3. Step 2: Prepare and File the Petition
File a Petition for Appointment of Guardian or Conservator in the county where the person resides. The petition must include:
- The proposed ward’s name, age, and address.
- Facts showing incapacity and the need for a guardian or conservator.
- The proposed guardian’s or conservator’s name, address, and relationship to the ward.
- A medical certificate or report from a qualified professional.
See requirements at W.S. § 3-2-102.
4. Step 3: Provide Notice and Invite Objections
Wyoming law mandates notice to the proposed ward, spouse, adult children, parents, siblings, and any person with legal custody (W.S. § 3-2-103). The court issues summons and provides the ward with written notice of their rights, including the right to counsel.
5. Step 4: Court Investigation and Hearing
The court may appoint a visitor (investigator) to interview the ward and report on capacity. A judge then holds a hearing where evidence and testimony establish the need for guardianship or conservatorship. The standard is clear and convincing evidence of incapacity (W.S. § 3-2-101).
6. Step 5: Court Appointment and Letters
If the court finds incapacity, it appoints the guardian or conservator. The court issues “letters” (official documents granting authority), which you must file and present when acting on the ward’s behalf (W.S. § 3-2-104).
7. Special Considerations for Conservatorship
When seeking a conservatorship for financial affairs, include an inventory of the ward’s assets and bonds or other security if required. The conservator must provide annual accountings to the court (W.S. § 3-2-120).
Helpful Hints
- Consult an attorney specializing in estate planning or elder law early for guidance.
- Maintain organized medical and financial records to support your petition.
- Consider less-restrictive alternatives, like powers of attorney or health care directives.
- Keep detailed records of decisions and expenditures when acting as guardian or conservator.
- Attend all court hearings and comply promptly with court-ordered investigations.