Title 3 — Title 3 — Guardian And Ward
9 chapters · 218 sections in this title.
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[Repealed or reserved.]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…
W.S. § 3-3-707 Action precluded until claim rejected; exception
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Action precluded until claim rejected; exception. No holder of a claim against a ward shall maintain any action thereon unless the claim is first rejected in whole or in part by the conservator and the rejection filed with the clerk.
W.S. § 3-3-708 Compelling payment of claims
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Compelling payment of claims. (a) No claimant may compel payment of his claim until it has been duly filed and allowed by the conservator or reduced to judgment and a certified copy of the judgment filed with the clerk. (b) Any judgment rendered upon any claim for money only esta…
W.S. § 3-3-709 Judgments; execution and levy
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Judgments; execution and levy. (a) When a judgment has been entered against the ward prior to the appointment of a conservator, no execution shall issue thereon after the conservator is appointed unless the judgment is for the recovery of real or personal property or the enforcem…
W.S. § 3-3-710 Pending actions against the ward
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Pending actions against the ward. Any action, including any counterclaim in any pending action, pending against the ward at the time the conservator is appointed, shall be considered a claim filed in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if notice of substit…
W.S. § 3-3-711 Payment of claims in insolvent conservatorship
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Payment of claims in insolvent conservatorship. When it appears the assets of the ward are insufficient to pay in full all claims against the ward, the conservator shall report the relevant facts to the court. The court shall, upon hearing, with notice to all persons who have fil…
W.S. § 3-3-801 Conservator may make gifts
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Conservator may make gifts. For good cause shown and under order of court, a conservator may make gifts on behalf of the ward out of the assets of the ward to persons or religious, educational, scientific, charitable or other nonprofit organizations to whom or to which gifts were…
W.S. § 3-3-901 Conservator shall report and account
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Conservator shall report and account. (a) A conservator shall present to the court and file in the conservatorship proceedings a written verified report and accounting of his administration: (i) Annually, within sixty (60) days following the anniversary date of his appointment, u…
W.S. § 3-3-1001 Payment of court costs
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Payment of court costs. No order shall be entered approving an annual report of a guardian or conservator until the court costs which have been incurred in the guardianship or conservatorship have been paid or provided for.
W.S. § 3-3-1002 Court costs of guardianship
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Court costs of guardianship. The ward or his estate shall be charged with the court costs of a guardianship of a ward, including the reasonable fees of the guardian and the attorney for the guardian.
W.S. § 3-3-1003 Court costs of conservatorship
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Court costs of conservatorship. The ward or his estate shall be charged with the court costs of a conservatorship for a ward, including the reasonable fees of the conservator and the attorney for the conservator.
W.S. § 3-3-1004 Settlement of accounts
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Settlement of accounts. The court shall settle each account filed by a conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator.
W.S. § 3-3-1101 Cause for termination
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Cause for termination. (a) A guardianship shall cease, and a conservatorship shall terminate, upon the occurrence of any of the following circumstances: (i) If upon attaining the age of majority when the ward is a minor who has not been adjudged an incompetent person or a mentall…
W.S. § 3-3-1102 Assets exhausted
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Assets exhausted. (a) When the assets of the estate of the ward do not exceed the amount of charges and claims against them, the court may direct the conservator to proceed to terminate the conservatorship. (b) When the assets of a minor ward are exhausted or consist of only pers…
W.S. § 3-3-1103 Accounting to ward; notice of hearing
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Accounting to ward; notice of hearing. Upon termination of a conservatorship, the conservator shall pay the costs of administration and render a full and complete accounting to the ward or his personal representative and to the court. Notice of hearing on the final report of a co…
W.S. § 3-3-1104 Delivery of assets
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Delivery of assets. Upon termination of a conservatorship, all assets of the ward shall be delivered, under direction of the court, to the person or persons entitled thereto.
W.S. § 3-3-1105 Petition to terminate
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Petition to terminate. (a) At any time, not less than six (6) months after the appointment of a guardian or conservator, the ward may petition the court alleging that he is no longer a proper subject of the guardianship or conservatorship and asking that the guardianship or conse…