Title 3 — Title 3 — Guardian And Ward

Short title. This act may be cited as the "Uniform Power of Attorney Act."

(a) Definitions. As used in this act: (i) "Agent" means a person granted authority to act for a principal under a power of attorney whether denominated an agent, attorney-in-fact or otherwise. "Agent" includes an original agent, coagent, successor agent and a person to which an a…

(a) "This act" means W.S. 3-9-101 through 3-9-403. Applicability. This act applies to all powers of attorney except: (i) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection wit…

Power of attorney is durable. (a) A power of attorney created on or after the effective date of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal. (b) A power of attorney existing on the effective date of this act is durable…

Execution of power of attorney. A power of attorney shall be signed by the principal or in the principal's conscious presence by another person who is directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed t…

Validity of power of attorney. (a) A power of attorney executed in this state on or after the effective date of this act is valid if its execution complies with W.S. 3-9-105. (b) A power of attorney executed in this state before the effective date of this act is valid if its exec…

Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorn…

Nomination of conservator or guardian; relation of agent to court appointed fiduciary. (a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for t…

When power of attorney effective. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effec…

authority. (a) Termination of power of attorney or agent's A power of attorney terminates when the: (i) Principal dies; (ii) Principal becomes incapacitated, if the power of attorney is not durable; or (iii) Principal revokes the power of attorney; (iv) Power of attorney provides…

Coagents and successor agents. (a) A principal may designate two (2) or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (b) A principal may designate one (1) or more successor agents to act i…

Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

Agent's acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

Agent's duties. (a) Notwithstanding any provisions in the power of attorney, an agent that has accepted appointment shall act: (i) In accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest…

Exoneration of agent. (a) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (i) Relieves the agent of liability for breach of duty commit…

Judicial relief. (a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (i) The principal or the agent; (ii) A guardian, conservator or other fiduciary acting for the principal; (iii) A person aut…

Agent's liability. (a) An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to: (i) Restore the value of the principal's property to what it would have been had the violation not occurred; and (ii) Reimburse …

Agent's resignation; notice. (a) Unless the power of attorney otherwise provides, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (i) To the conservator or guardian of the principal if one (1) has been appointed and a coagent or succe…

Acceptance of and reliance upon acknowledged power of attorney. (a) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under W.S. 3-9-105 that the signature is g…

Liability for refusal to accept acknowledged power of attorney. (a) Except as otherwise provided in subsection (b) of this section, a person that is asked to accept an acknowledged power of attorney shall: (i) Accept the acknowledged power of attorney or request a certification o…

Principles of law and equity. Unless displaced by a provision of this act, the principles of law and equity supplement this act.

entities. Laws applicable to financial institutions and This act does not supersede any other law applicable to financial institutions or other entities. The other law controls if inconsistent with this act.

Remedies under other law. The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act.

Authority that requires specific grant; grant of general authority. (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the a…

Incorporation of authority. (a) An agent has authority described in this act if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in W.S. 3-9-204 through 3-9-217 or cites the section in which the authority is described.…

Construction of authority generally. (a) Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in W.S. 3-9-204 through 3-9-217 or that grants to an agent authority to do all the acts a principal …

Real property. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (i) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or oth…

Tangible personal property. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (i) Demand, buy, receive, accept as a gift or as security for an extensi…

Stocks and bonds. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (i) Buy, sell and exchange stocks and bonds; (ii) Establish, continue, modify or terminate a…

Commodities and options. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (i) Buy, sell, exchange, assign, settle and exercise commodity futures contrac…

Establish, continue, modify and terminate option Banks and other financial institutions. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:…

Operation of entity or business. (a) Subject to the terms of a document or an agreement governing an entity or an entity ownership interest and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of…

Insurance and annuities. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (i) Continue, pay the premium or make a contribution on, modify, exchange, res…

Estates, trusts and other beneficial interests. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts and other beneficial interests authorizes the agent to: (i) Accept, receive, receipt for…

Claims and litigation. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (i) Assert and maintain before a court or administrative agency a claim, claim for…

Personal and family maintenance. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (i) Perform the acts necessary to maintain the customary stand…

Benefits from governmental programs or civil or military service. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent …

Retirement plans. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to: (i) Select the form and timing of payments under a retirement plan and withdraw benefits fro…

Taxes. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (i) Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Co…

Gifts. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent to: (i) Make outright to, or for the benefit of, a person a gift of any of the principal's property, including by the …

Statutory form power of attorney. (a) A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this act: STATE OF WYOMING STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power…

Agent's certification. (a) The following optional form may be used by an agent to certify facts concerning a power of attorney: AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of: County of: I, (Name of Agent), certify under penalty of pe…

Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Relation to electronic signatures in global and national commerce act. This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(c) of that ac…

Effect on existing powers of attorney. (a) Except as otherwise provided in this act, this act applies to a: (i) Power of attorney created before, on or after the effective date of this act; (ii) Judicial proceeding concerning a power of attorney commenced on or after the effectiv…