Title 3, Title 3 — Guardian And Ward
9 chapters · 188 sections in this title.
W.S. § 3-3-1106 Discharge of conservator and release of bond
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Discharge of conservator and release of bond. Upon settlement of the final accounting of a conservator and upon determination that the property of the ward has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and dischar…
W.S. § 3-3-1107 Termination of guardianships; reintegration plan
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Termination of guardianships; reintegration plan. (a) Upon the filing of a petition for termination of guardianship by a parent, the court shall consider the best interests of the child while giving deference to the rebuttable presumption that a fit parent is entitled to custody …
W.S. § 3-5-103 Revocation of power of attorney by recordation
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Revocation of power of attorney by recordation. Unless the power of attorney otherwise specifically provides, any power of attorney executed prior to January 1, 2018 may be revoked either in the same manner as a power of attorney executed on or after January 1, 2018 or by recordi…
W.S. § 3-6-101 Short title
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Short title. This act may be cited as the "Uniform Veterans' Guardianship Act".
W.S. § 3-6-102 Definitions
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Definitions. (a) As used in this act: (i) The term "person" includes a partnership, corporation or an association; (ii) The term "bureau" means the United States veterans' bureau or its successor; (iii) The terms "estate" and "income" shall include only moneys received by the gua…
W.S. § 3-6-103 Appointment, confirmation or removal of guardian; administrator of veterans' affairs party in interest
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Appointment, confirmation or removal of guardian; administrator of veterans' affairs party in interest. (a) Whenever, pursuant to any law of the United States or regulation of the bureau, the director requires, prior to payment of benefits, that a guardian be appointed for a ward…
W.S. § 3-6-104 Guardian limited to 5 wards; exceptions
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Guardian limited to 5 wards; exceptions. (a) Except as hereinafter provided it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five (5) wards. In any case, upon presentation of a…
W.S. § 3-6-105 Petition for appointment of guardian; contents thereof
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Petition for appointment of guardian; contents thereof. (a) A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entit…
W.S. § 3-6-106 Prima facie evidence of necessity for appointment; certificate of minor's age and that appointment condition precedent to payments
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Prima facie evidence of necessity for appointment; certificate of minor's age and that appointment condition precedent to payments. Where a petition is filed for the appointment of a guardian of a minor ward a certificate of the director, or his representative, setting forth the …
W.S. § 3-6-107 Prima facie evidence of necessity for appointment; certificate of incompetency and that appointment condition precedent to payments
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Prima facie evidence of necessity for appointment; certificate of incompetency and that appointment condition precedent to payments. Where a petition is filed for the appointment of a guardian of a mentally incompetent ward a certificate of the director, or his representative, se…
W.S. § 3-6-108 Notice upon filing of petition
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Notice upon filing of petition. Upon the filing of a petition for the appointment of a guardian, under the provisions of this act, the court shall cause such notice to be given as provided by law.
W.S. § 3-6-109 Guardian to be fit and proper person; bond required
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Guardian to be fit and proper person; bond required. Before making appointment under the provisions of this act the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shal…
W.S. § 3-6-110 Annual accounting; copy of accounts and pleadings to be filed with bureau; notice of hearing; administration of property from other sources
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Annual accounting; copy of accounts and pleadings to be filed with bureau; notice of hearing; administration of property from other sources. (a) Every guardian, who has received or shall receive on account of his ward, any moneys from the veterans' administration, its predecessor…
W.S. § 3-6-111 Removal for failure to file accounts
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Removal for failure to file accounts. If any guardian shall fail to file any account of the moneys received by him from the bureau on account of his ward within thirty (30) days after such account is required by either the court or the bureau, or shall fail to furnish the bureau …
W.S. § 3-6-112 Compensation of guardian
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Compensation of guardian. Compensation payable to guardian shall not exceed five percent (5%) of the income of the ward during any year. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional c…
W.S. § 3-6-113 Investment of surplus money; notice to bureau
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Investment of surplus money; notice to bureau. (a) It shall be the duty of such guardians to invest and keep invested their ward's surplus money, but only in the securities or other property, and in the manner hereinafter indicated, and in which securities or other property the g…
W.S. § 3-6-114 Support and maintenance of persons other than ward
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Support and maintenance of persons other than ward. A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper office…
W.S. § 3-6-115 Certified copies of public records
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Certified copies of public records. Whenever a copy of any public record is required by the bureau to be used in determining the eligibility of any person to participate in benefits made available by such bureau, the official charged with the custody of such public record shall w…
W.S. § 3-6-117 Discharge of guardian
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Discharge of guardian. When a minor ward for whom a guardian has been appointed under the provisions of this act or other laws of this state shall have attained his or her majority, and if incompetent shall be declared competent by the bureau and the court, and when any incompete…
W.S. § 3-6-118 Construction and applicability
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Construction and applicability. This act shall be construed liberally to secure the beneficial intents and purposes thereof, and shall apply only to beneficiaries of the bureau.
W.S. § 3-6-119 Interpretation
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Interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
W.S. § 3-8-101 Short title
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Short title. This act may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
W.S. § 3-8-102 Definitions
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Definitions. (a) As used in this act: (i) "Adult" means an individual who has attained eighteen (18) years of age; (ii) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under W.S. 3-3-101 through 3-3-1106; (i…
W.S. § 3-8-103 International application of act
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International application of act. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3 and 5 of this act.
W.S. § 3-8-104 Communication between courts
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Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this sectio…
W.S. § 3-8-105 Cooperation between courts
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Cooperation between courts. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (i) Hold an evidentiary hearing; (ii) Order a person in that state to produce evidence or…
W.S. § 3-8-106 Taking testimony in another state
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Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken…
W.S. § 3-8-201 Definitions; significant connection factors
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Definitions; significant connection factors. (a) As used in this article: (i) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare and for which the appointment of a guardian is necessary because no other person …
W.S. § 3-8-202 Exclusive basis
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Exclusive basis. This act provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
W.S. § 3-8-203 Jurisdiction
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Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (i) This state is the respondent's home state; (ii) On the date the petition is filed, this state is a significant-connection state and: (A) The respond…
W.S. § 3-8-204 Special jurisdiction
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Special jurisdiction. (a) A court of this state lacking jurisdiction under W.S. 3-8-203(a)(i) through (iii) has special jurisdiction to do any of the following: (i) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically pre…
W.S. § 3-8-205 Exclusive and continuing jurisdiction
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Exclusive and continuing jurisdiction. Except as otherwise provided in W.S. 3-8-204, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or th…
W.S. § 3-8-206 Appropriate forum
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Appropriate forum. (a) A court of this state having jurisdiction under W.S. 3-8-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of…
W.S. § 3-8-207 Jurisdiction declined by reason of conduct
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Jurisdiction declined by reason of conduct. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (i) Decline to exercise jurisdiction; (ii) Exercise jur…
W.S. § 3-8-208 Notice of proceeding
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Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this st…
W.S. § 3-8-209 Proceedings in more than one state
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Proceedings in more than one state. (a) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under W.S. 3-8-204(a)(i) or (ii), if a petition for the appointment of a guardian or issuanc…
W.S. § 3-8-301 Transfer of guardianship or conservatorship to another state
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Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section shall be give…
W.S. § 3-8-302 Accepting guardianship or conservatorship transferred from another state
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Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to W.S. 3-8-301, the guardian or conservator shall petition the court in this state to accept …
W.S. § 3-8-401 Registration of guardianship orders
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Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, m…
W.S. § 3-8-402 Registration of protective orders
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Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may regi…
W.S. § 3-8-403 Effect of registration
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Effect of registration. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintainin…
W.S. § 3-8-501 Application
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Application. (a) This act shall apply to any guardianship and protective proceeding begun on or after the effective date of this act. (b) Articles 1, 3 and 4 of this act shall apply to any proceeding begun before the effective date of this act, regardless of whether a guardianshi…
W.S. § 3-8-502 Relation to electronic signatures in global and national commerce act
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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 a…
W.S. § 3-9-101 Short title
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Short title. This act may be cited as the "Uniform Power of Attorney Act."
W.S. § 3-9-102 Definitions
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Definitions. (a) 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…
W.S. § 3-9-103 Applicability
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Applicability. (a) 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 with a credit transaction; (ii) A power to make he…
W.S. § 3-9-104 Power of attorney is durable
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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…
W.S. § 3-9-105 Execution of power of attorney
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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…
W.S. § 3-9-106 Validity of power of attorney
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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…
W.S. § 3-9-107 Meaning and effect of power of attorney
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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…