Title 3 — Title 3 — Guardian And Ward
9 chapters · 218 sections in this title.
W.S. § 3-3-101 conservator
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conservator. Petition for involuntary appointment of (a) Any person may file with the clerk a petition for the involuntary appointment of a conservator. The petition appointment shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward …
W.S. § 3-3-102 procedure
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procedure. The interests of the petitioner. Notice; when required; governed by rules of civil (a) Notice of filing of a petition for appointment of an involuntary conservator shall be served on the proposed ward, his custodian, the proposed conservator and upon the proposed ward'…
W.S. § 3-3-103 Pleadings and trial; rules of civil procedure
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Pleadings and trial; rules of civil procedure. After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Ru…
W.S. § 3-3-104 Appointment of conservator
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Appointment of conservator. (a) The court may appoint a conservator if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by a preponderance of the evidence. (b) The order appointing a conservato…
W.S. § 3-3-105 minor
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minor. Preference for appointment of conservator of a (a) The appointment of a qualified and suitable conservator of a minor shall be made in the following order of preference: (i) The parent or parents of the minor; (ii) The person nominated as conservator in the will of the cus…
W.S. § 3-3-106 Any other person who is willing to serve as Appointment of conservator on voluntary petition
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Any other person who is willing to serve as Appointment of conservator on voluntary petition. (a) The court may appoint a conservator upon the petition by the proposed ward if: (i) The petitioner has reached the age of fourteen (14) years; and (ii) The court determines that the a…
W.S. § 3-3-107 Appointment of a temporary conservator
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Appointment of a temporary conservator. (a) Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes. (b) Every order appointing a temporary conservator sh…
W.S. § 3-3-108 Payment or delivery of property in lieu of conservatorship
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Payment or delivery of property in lieu of conservatorship. (a) Any person under a duty to pay or deliver money or personal property to a minor for whom no conservator has been appointed may pay not more than twenty-five thousand dollars ($25,000.00) per annum or may deliver prop…
W.S. § 3-3-201 absentee
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absentee. Petition for appointment of conservator for (a) Any person may file with the clerk a petition for the appointment of a conservator of the property of the absent owner when the following conditions exist: (i) A person owns property located in this state and his location …
W.S. § 3-3-202 procedure
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procedure. Original notice governed by rules of civil Notice of the filing of the petition and of the time and place set for the hearing on the petition shall be served upon the absentee by publication as provided by the Wyoming Rules of Civil Procedure.
W.S. § 3-3-203 procedure
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procedure. Additional notice governed by rules of civil (a) Notice of the filing of the petition and of the time and place set for the hearing on the petition shall also be served as provided by the Wyoming Rules of Civil Procedure on: (i) The spouse and children of the absentee;…
W.S. § 3-3-204 The parents or guardian of the absentee if he Pleadings and trial; rules of civil procedure
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The parents or guardian of the absentee if he Pleadings and trial; rules of civil procedure. All proceedings for the appointment of a conservator for an absent person shall be governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence.
W.S. § 3-3-205 Appointment of conservator
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Appointment of conservator. If the allegations of the petition are proved by a preponderance of the evidence, the court may appoint a conservator.
W.S. § 3-3-206 Appointment of temporary conservator
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Appointment of temporary conservator. Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes.
W.S. § 3-3-301 Voluntary petition for appointment of conservator; standby basis
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Voluntary petition for appointment of conservator; standby basis. Any adult who is of sound mind may execute a petition for the voluntary appointment of a conservator of his property upon the express condition that the petition shall be acted upon by the court only upon the occur…
W.S. § 3-3-302 Petition may nominate conservator
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Petition may nominate conservator. The petition may nominate a person for appointment to serve as conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. When appointing the conservator the court shall give due regard to the n…
W.S. § 3-3-303 Deposit of petition
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Deposit of petition. The petition may be deposited with any person, firm, bank or trust company selected by the petitioner.
W.S. § 3-3-304 Revocation of petition
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Revocation of petition. Any time before the appointment of a conservator, the petition may be revoked by the petitioner if he is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner or by an instrument of revocation acknowledged by …
W.S. § 3-3-305 Filing petition upon occurrence of conditions
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Filing petition upon occurrence of conditions. Any time after the deposit of the petition and before its revocation, it may be brought on for hearing upon the filing of a statement verified by the person having possession of the petition showing that the event or the condition pr…
W.S. § 3-3-306 Time of appointment of conservator
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Time of appointment of conservator. At the time the verified statement is filed, the court may appoint the conservator nominated in the petition or may set the petition for hearing on notice prescribed by the court.
W.S. § 3-3-902 W.S. § 3-3-902
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[Repealed or reserved.]
W.S. § 3-3-401 conservators
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conservators. Appointment of ancillary or foreign guardians or (a) When there is no conservatorship, nor any petition therefor pending in this state, a duly qualified foreign conservator or guardian of a nonresident ward may, upon application, be appointed conservator of the prop…
W.S. § 3-3-402 Petition
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Petition. (a) The petition for appointment of a foreign or ancillary conservator or guardian as conservator in this state shall include: (i) The names and addresses of the nonresident ward and of the nonresident conservator or guardian; (ii) conservator; The name and address of t…
W.S. § 3-3-403 Personal property
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Personal property. The court of the county where the nonresident ward has personal property may authorize the foreign conservator or guardian of a nonresident ward to receive the property upon compliance with the provisions of W.S. 2-11-301 through 2-11-303.
W.S. § 3-3-404 Filing of bond
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Filing of bond. The court may require the foreign or ancillary conservator or guardian to file a bond satisfactory to the court. The foreign or ancillary conservator or guardian shall file with the clerk of court his bond as required by the court of this state.
W.S. § 3-3-405 Order for delivery
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Order for delivery. Upon the filing of the bond required by the court of this state the court shall order the personal property of the nonresident ward delivered to the foreign conservator or guardian. The foreign conservator or guardian shall execute and file with the court a re…
W.S. § 3-3-406 Recording of bond; notice to court
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Recording of bond; notice to court. (a) The clerk shall mail to the court which granted the foreign letters of conservatorship or of guardianship copies of: (i) The letters of conservatorship or guardianship issued by the Wyoming court; (ii) The bond filed with the Wyoming court;…
W.S. § 3-3-501 Designation of conservators; exception
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Designation of conservators; exception. (a) The administrator of the Wyoming life resource center is appointed conservator of the estate of: (i) Each adult admitted to the Wyoming life resource center unless a conservator or other duly authorized agent has already been appointed …
W.S. § 3-3-502 Duration of appointment; bonds
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Duration of appointment; bonds. A conservator appointed under this article shall serve as conservator of the estates of the patients or residents of the institution until a successor has been appointed and qualified or until the conservatorship for any individual ward is otherwis…
W.S. § 3-3-503 (a) Authority generally; required reports
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(a) Authority generally; required reports. The conservator may: (i) Receive money or property of the ward paid or delivered to him; (ii) Disburse funds of the ward necessary for the support, maintenance and general welfare of the ward; (iii) With the consent and approval of the d…
W.S. § 3-3-504 Transfer of funds to court appointed conservator
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Transfer of funds to court appointed conservator. If a conservator for a minor or incompetent person is appointed by a court of this state after the person has been admitted to the Wyoming life resource center or the Wyoming state hospital, the conservatorship created for the war…
W.S. § 3-3-505 Transfer of funds to successor upon termination of appointment as superintendent
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Transfer of funds to successor upon termination of appointment as superintendent. Upon termination of his appointment as superintendent of the institution, a conservator appointed under this article shall transfer to his successor all funds and property which he holds as conserva…
W.S. § 3-3-506 Transfer of funds upon discharge, etc., of minor or incompetent
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Transfer of funds upon discharge, etc., of minor or incompetent. Upon termination of the conservatorship by the death of the ward or by his discharge from the institution, all assets of the ward in the possession of a conservator appointed under this article shall be delivered to…
W.S. § 3-3-601 General duties of conservator
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General duties of conservator. The conservator of the estate shall protect and preserve it, invest it prudently, account for it as provided in the Wyoming statutes, expend it for the benefit of the ward and perform all other duties required by law. At the termination of the conse…
W.S. § 3-3-602 Inventory of ward's property
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Inventory of ward's property. Within ninety (90) days after the date of his appointment, or, within additional time allowed by the court, a conservator shall file in the court a verified inventory of all of the property of the ward which has come into his possession or of which h…
W.S. § 3-3-603 Disposition of will by conservator
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Disposition of will by conservator. When the conservator receives an instrument purporting to be the will of the ward he shall immediately deliver it to the court.
W.S. § 3-3-604 ward
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ward. Court order to preserve testamentary intent of The court may read the instrument purporting to be the will of the ward which the conservator delivered to the court. With or without notice as it may determine, the court may enter any orders it deems advisable for the proper …
W.S. § 3-3-605 conservator
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conservator. Court to file sealed copy and deliver will to A copy of an instrument purporting to be the will of a ward coming into the possession of the court under W.S. 3-3-603, shall be made, sealed and deposited in the file of the conservatorship. The original copy of the will…
W.S. § 3-3-606 (a) Powers of conservator without order of court
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(a) Powers of conservator without order of court. Without prior order of the court the conservator may: income; (i) Collect, receive, receipt for any principal or (ii) Enforce, defend against or prosecute any claim by or against the ward or the conservator; (iii) Sue on and defen…
W.S. § 3-3-607 the court
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the court. Powers of conservator subject to the approval of (a) Upon order of the court after hearing and notice as prescribed by the court the conservator may: (i) Apply any portion of the income or of the estate of the ward for the support of any person for whose support the wa…
W.S. § 3-3-608 Appointment of attorney in compromise of personal injury settlements
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Appointment of attorney in compromise of personal injury settlements. Notwithstanding the provisions of W.S. 3-3-607(a)(ii), prior to authorizing a compromise of a claim for damages on account of personal injuries to the ward, the court may order an independent investigation by a…
W.S. § 3-3-609 Powers of conservators; same as fiduciaries
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Powers of conservators; same as fiduciaries. Except as expressly modified in title 3, Wyoming statutes, a conservator has the powers relating to all fiduciaries as provided in title 2, Wyoming statutes.
W.S. § 3-3-610 Breach of contracts
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Breach of contracts. A conservator may breach contracts of the ward entered into by the ward prior to the appointment of the conservator after notice and hearing and order of the court for good cause. The conservator shall incur the same liability of the ward's estate for the bre…
W.S. § 3-3-611 Tort liability of conservator
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Tort liability of conservator. The fact that a person is a conservator or a guardian shall not in itself make him personally liable for damages for the acts of his ward.
W.S. § 3-3-701 Claims against the ward
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Claims against the ward. Claims against the ward accruing before or after the appointment of the conservator, and whether arising in contract or tort after being allowed or established as provided in W.S. 3-3-701 through 3-3-711, shall be paid by the conservator from the assets o…
W.S. § 3-3-702 Filing of claim; exceptions
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Filing of claim; exceptions. (a) All claims against the ward shall be filed in duplicate with the clerk of the court in which the conservatorship was created. If only one (1) copy of a claim is filed, the clerk shall make a duplicate and shall charge the claimant a reasonable fee…
W.S. § 3-3-703 Affidavit and supporting documentation
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Affidavit and supporting documentation. (a) When a claim is filed with the clerk it shall be supported by satisfactory vouchers or other evidence supporting the claim, and by the affidavit of the claimant or someone in his behalf that the account is justly due, or if it is not du…
W.S. § 3-3-704 Claims of conservators
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Claims of conservators. (a) If the conservator is a creditor of the ward, he shall file his claim as other creditors and the court shall appoint a competent person as temporary conservator to represent the ward in the matter allowing or disallowing the claim. The same procedure s…
W.S. § 3-3-705 Claims; statutes of limitations
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Claims; statutes of limitations. (a) The filing of a claim in the conservatorship tolls the statute of limitations applicable to the claim until the claim is rejected by the conservator. (b) It is within the discretion of the conservator to determine whether or not the applicable…
W.S. § 3-3-706 Allowance and rejection of claims
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Allowance and rejection of claims. (a) Within sixty (60) days after the filing of a claim, the conservator shall either allow the claim in a writing filed with the clerk, or reject the claim in whole or in part in a writing filed with the clerk. (b) When a claim has been filed wi…