Title 3 — Title 3 — Guardian And Ward
9 chapters · 218 sections in this title.
W.S. § 3-7-105 Repealed By Laws 1998, ch
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Repealed By Laws 1998, ch. 114, § 3.
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 (a) Definitions
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(a) Definitions. 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 "This act" means W.S
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"This act" means W.S. 3-8-101 through 3-8-502. 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 (a) Definitions; significant connection factors
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(a) Definitions; significant connection factors. 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 (a) Definitions
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(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…
W.S. § 3-9-103 (a) "This act" means W.S
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(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…
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…
W.S. § 3-9-108 Nomination of conservator or guardian; relation of agent to court appointed fiduciary
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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…
W.S. § 3-9-109 When power of attorney effective
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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…
W.S. § 3-9-110 authority
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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…
W.S. § 3-9-111 Coagents and successor agents
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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…
W.S. § 3-9-112 Reimbursement and compensation of agent
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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.
W.S. § 3-9-113 Agent's acceptance
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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.
W.S. § 3-9-114 Agent's duties
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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…
W.S. § 3-9-115 Exoneration of agent
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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…
W.S. § 3-9-116 Judicial relief
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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…
W.S. § 3-9-117 Agent's liability
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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 …
W.S. § 3-9-118 Agent's resignation; notice
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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…
W.S. § 3-9-119 Acceptance of and reliance upon acknowledged power of attorney
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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…
W.S. § 3-9-120 Liability for refusal to accept acknowledged power of attorney
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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…
W.S. § 3-9-121 Principles of law and equity
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Principles of law and equity. Unless displaced by a provision of this act, the principles of law and equity supplement this act.
W.S. § 3-9-122 entities
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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.
W.S. § 3-9-123 Remedies under other law
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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.
W.S. § 3-9-201 Authority that requires specific grant; grant of general authority
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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…
W.S. § 3-9-202 Incorporation of authority
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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.…
W.S. § 3-9-203 Construction of authority generally
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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 …
W.S. § 3-9-204 Real property
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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…