(a) Any person may file with the clerk a petition for theappointment of a guardian. The petition shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, an incompetentperson or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed guardian, and hisqualification as a fit and proper person to serve as guardian;
(iv) The residence of the proposed ward in the county or hispresence in the county;
(v) The facts to show that the best interest of the proposedward requires the appointment of a guardian in this state;
(vi) The name and address of the person or facility having thecare, custody or control of the proposed ward; and
(vii) The interests of the petitioner.
(b) The district court may transfer jurisdiction of a petitionfor appointment of a guardian to the juvenile court if the proposed ward is achild who is under the prior and continuing jurisdiction of the juvenile court.
3-2-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward, his custodianand the proposed guardian.
(b) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward's parents, spouseand adult children who are known or who can be discovered with due diligence,except:
(i) When a petition is filed under W.S. 3-2-108; or
(ii) When for good cause the court determines that no notice isnecessary if the proposed ward is under the age of eighteen (18) years.
(c) Notice shall be served on any other person as ordered bythe court.
(d) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.
3-2-103. Pleadings and trial; rules of civil procedure.
Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. The petitioner, theproposed ward or his custodian may demand a jury trial as provided by theWyoming Rules of Civil Procedure.
3-2-104. Appointment of guardian.
(a) The court may appoint a guardian if the allegations of thepetition as to the status of the proposed ward and the necessity for theappointment of a guardian are proved by a preponderance of the evidence.
(b) The order appointing a guardian shall state the findings ofthe court, including:
(i) The reasons why the ward is in need of a guardian;
(ii) The appointment of the guardian;
(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the guardian.
3-2-105. Appointment of guardian on voluntary petition.
(a) A guardian may be appointed by the court upon the petitionof the proposed ward, including a minor who has reached the age of fourteen(14) years, if the court determines that the appointment is in the bestinterest of the petitioner.
(b) The petition shall state whether a notice of a petition forinvoluntary guardianship under W.S. 3-2-101 has been served on the proposedward.
3-2-106. Appointment of a temporary or emergency guardian.
(a) Upon the filing of a petition for a temporary guardianother than a petition for temporary guardianship for educational, medical careand dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after ahearing the court may appoint a temporary guardian subject to any notice andconditions the court prescribes.
(b) Except upon a showing of good cause, an order appointing atemporary guardian of an adult ward shall be limited to not more than ninety(90) days. The court may order an extension of the temporary guardianship fornot more than an additional ninety (90) days, or conversion to a guardianshipor conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101through 3-3-106.
(c) Except upon a showing of good cause, an order appointing atemporary guardian of a minor ward shall be limited to not more than one (1)year.
(d) If the court finds that compliance with the proceduresspecified in this chapter will likely result in substantial harm to theproposed ward's health, safety or welfare, and that no other person appears tohave authority and willingness to act in the circumstances, the court, onpetition by a person interested in the proposed ward's welfare, may appoint anemergency guardian. Immediately upon receipt of the petition for an emergencyguardianship, the court shall appoint a guardian ad litem to represent theproposed ward's best interests in the proceeding. Except as otherwise providedin subsection (e) of this section, reasonable notice of the time and place of ahearing on the petition shall be given to the proposed ward and any otherpersons as the court directs.
(e) An emergency guardian may be appointed without notice tothe proposed ward or the guardian ad litem only if the court finds by apreponderance of the evidence from affidavit or testimony that the proposedward will be substantially harmed before a hearing on the appointment can beheld. If the court appoints an emergency guardian immediately, without noticeto the proposed ward or the guardian ad litem, the proposed ward and guardianad litem shall be given notice of the appointment within forty-eight (48) hoursafter the appointment. The court shall hold a hearing on the appropriatenessof the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authorityto make medical and medically related decisions only, except emergencyguardians shall not have authority with respect to a person who has been made award pursuant to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for healthcare for theward pursuant to W.S. 35-22-403(b);
(ii) Execute an individual instruction for the ward pursuant toW.S. 35-22-403(a);
(iii) Execute a cardiopulmonary resuscitation directive for theward pursuant to W.S. 35-22-201 through 35-22-208;
(iv) Commit or admit the ward to a mental health facility; or
(v) Direct the withdrawal of life sustaining procedures beingused on the ward.
(f) Appointment of an emergency guardian, with or withoutnotice, is not a determination of the proposed ward's incapacity.
(g) At the seventy-two (72) hour hearing to determine theappropriateness of the appointment of an emergency guardian required bysubsection (e) of this section, the court may appoint a temporary guardianpursuant to subsection (a) of this section. The court may remove an emergencyguardian at any time.
(h) Except as provided in subsections (d) through (g) of thissection, all other provisions of this chapter concerning guardians apply to anemergency guardian.
3-2-107. Who may be appointed as guardian; preference for appointmentof guardians.
(a) The court may appoint any qualified person as guardian ofan incompetent person or a minor. The court may not appoint a person to be aguardian of an incompetent person or a minor if the person proposed to act asguardian:
(i) Provides, or is likely to provide during the guardianshipperiod, substantial services to the ward in a professional or business capacityunrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period,a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period,interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified underparagraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent,notwithstanding the provisions of subsection (a) of this section that wouldotherwise disqualify the person, if the person is the spouse, adult child,parent or sibling of the respondent and the court determines that the potentialconflict of interest is insubstantial and that the appointment would clearly bein the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of an incompetent person inthe following order:
(i) A person nominated by the respondent if at the time of thenomination the respondent has the capacity to make a reasonably intelligentchoice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceasedspouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceasedparent;
(vii) A relative of the respondent with whom the respondent hasresided for more than six (6) months during the year preceding the filing ofthe petition;
(viii) A relative or friend who has demonstrated a sincere,longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the bestinterests of the respondent;
(x) A person with a guardianship program for incompetentpersons.
(d) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of a minor in the followingorder:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of thecustodial parent;
(iii) The person requested by a minor who has reached the age offourteen (14) years;
(iv) Any other person whose appointment would be in the bestinterests of the minor.
(e) The court shall consider the priorities established insubsections (c) and (d) of this section, but shall not be bound by thosepriorities. The court shall appoint the person who is best qualified andwilling to serve as guardian.
3-2-108. Appointment of guardian on a standby basis.
Apetition for the appointment of a guardian of the petitioner on a standby basismay be filed by any person under the same procedure and requirements asprovided in W.S. 3-3-301 through 3-3-306 for appointment of a standbyconservator, insofar as applicable.
3-2-109. Guardian's report.
(a) The guardian shall present to the court and file in theguardianship proceedings a signed, written, report on the physical condition,including level of disability or functional incapacity, principal residence,treatment, care and activities of the ward, as well as providing a descriptionof those actions the guardian has taken on behalf of the ward:
(i) Within six (6) months of the guardian's appointment;
(ii) Every six (6) months following the initial report;
(iii) Within thirty (30) days of his removal or resignation from,or the termination of, the guardianship;
(iv) At other times as the court may order.
(b) The court shall maintain a calendar for the filing ofguardianship reports.
(c) If a guardian's report is not timely filed, the court shallenter an order for the guardian to show cause why the guardian should not beheld in contempt.
3-2-110. Appointment of department of health or the department offamily services as guardian.
(a) The department of health or the department of familyservices may petition any district court in the state to be appointed guardianof a minor who is in its custody.
(b) If a department in subsection (a) of this section is notthe petitioner in a proceeding to appoint a guardian for a ward in itscustody, it shall not be appointed guardian unless given prior notice andopportunity for hearing.
3-2-111. Fees of the guardian.
(a) The fees of the guardian shall be:
(i) Reasonable and appropriate;
(ii) Set and approved by the court.
(b) The fees of the guardian shall not be approved by the courtunless all reports required of the guardian are current.
3-2-112. Immunity of volunteer guardian.
Anyperson who is appointed guardian of a ward pursuant to W.S. 3-2-104, who servesin that capacity without compensation other than reimbursement forout-of-pocket expenses associated with the appointment and who carries out theduties of guardian as set forth in W.S. 3-2-201 in good faith and withoutwillful or wanton misconduct or gross negligence, shall be personally immunefrom civil liability for any act or omission resulting in damage or injury tothe ward.
ARTICLE 2 - POWERS OF GUARDIANS
3-2-201. Powers and duties of guardian.
(a) The guardian shall:
(i) Determine and facilitate the least restrictive and mostappropriate and available residence for the ward;
(ii) Facilitate the ward's education, social and otheractivities;
(iii) Subject to the restrictions of W.S. 3-2-202, authorize orexpressly withhold authorization of medical or other professional care,treatment or advice;
(iv) Take reasonable care of the ward's personal property;
(v) Commence protective proceedings if necessary to protect theproperty of the ward;
(vi) Apply to the ward's current needs for support, care andeducation as much of the money or property paid or delivered to the guardianpursuant to W.S. 3-3-108 as may be appropriate;
(vii) Exercise due care to conserve excess funds for the ward'sfuture needs;
(viii) Pay to the conservator excess funds at least annually;
(ix) Request the court to modify the guardian's range of dutiesif the changed circumstances of the ward require such modification; and
(x) Following the death of a ward, arrange for the finaldisposition of the ward's remains according to the ward's expressed wishes ifknown, if the immediate family is unavailable or unwilling to assumeresponsibility. For purposes of this paragraph, "immediate family"is defined as parents, spouse, grandparents, siblings and adult children.
(b) The guardian may:
(i) Receive money payable from any conservatorship for thesupport of the ward;
(ii) Receive money or property of the ward paid or delivered tothe guardian pursuant to W.S. 3-3-108;
(iii) Institute proceedings to compel the performance by anyperson of the duty to support or contribute to the support of the ward;
(iv) Repealed By Laws 1998, ch. 114, 3.
(v) Repealed By Laws 1998, ch. 114, 3.
(vi) Consent to the marriage or adoption of the ward.
(c) The guardian is not liable for injury to the ward resultingfrom the negligence or acts of third persons performed by authority given bythe guardian for medical or other professional care, treatment or advice,unless it would have been negligent for a parent to have given that authority.
(d) Funds received by the guardian pursuant to W.S. 3-3-108shall not be used for compensation for the services of the guardian unlessapproved as required under W.S. 3-2-111.
(e) The guardian of a minor has the powers and responsibilitiesof a parent who has not been deprived of custody of his unemancipated minorchild. A guardian who is not a parent of the minor is not obligated to expendhis own funds for the support of the ward. A guardian who is not the parent ofa minor is not liable to third persons for acts of the ward by reason of therelationship of guardian and ward.
3-2-202. Powers of the guardian subject to approval of the court.
(a) Upon order of the court, after notice and hearing andappointment of a guardian ad litem, the guardian may:
(i) Commit the ward to a mental health hospital or other mentalhealth facility;
(ii) Consent to the following treatments for the ward:
(A) Electroshock therapy;
(B) Psychosurgery;
(C) Sterilization;
(D) Other long-term or permanent contraception.
(iii) Relinquish the ward's minor child for adoption, provided:
(A) Notice of any hearing was given to the ward and the legalor putative father; and
(B) The ward attended the hearing if the court so ordered.
(iv) Execute any appropriate advance medical directives,including durable power of attorney for health care under W.S. 35-22-403(b) andan individual instruction under W.S. 35-22-403(a).
ARTICLE 3 - TEMPORARY GUARDIANSHIP FOR EDUCATIONAL, MEDICALCARE AND DENTAL CARE PURPOSES
3-2-301. Definitions.
(a) As used in this article:
(i) "Caregiver" means a person, other than a naturalparent or legal guardian, who is at least eighteen (18) years of age and is theprimary physical custodian and a relative of a minor child;
(ii) "Child" means a person under eighteen (18) yearsof age who is in the primary physical custody of a caregiver;
(iii) "Relative" or "related" means therelationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling,half sibling, uncle or aunt.
3-2-302. Appointment of temporary guardian for educational, medicalcare and dental care purposes.
(a) A caregiver of a child may petition for appointment as atemporary guardian of a child for educational, medical care and dental carepurposes. The petition shall be verified by affidavit setting forth:
(i) The petitioner's full name, place of residence, the lengthof time he has been a resident of the county in which the petition is filed andhis Wyoming driver's license or identification card number;
(ii) The qualifications of the proposed guardian as a fit andproper person to serve as guardian;
(iii) The name, birth date and place of birth of the child;
(iv) The physical address of the child for the previous one (1)year preceding the filing of the petition, if known;
(v) The full names of the child's natural parents;
(vi) The last known addresses of the child's natural parents;
(vii) The name and address of the person or facility having thecare, custody or control of the child;
(viii) A concise statement of the reason for the desired temporaryguardianship for educational, medical care and dental care purposes;
(ix) The facts showing the best interest of the child requiresthe appointment of a guardian for educational, medical care and dental carepurposes in this state; and
(x) A concise statement setting forth the attempts made by thepetitioner and whether the petitioner has been able to contact the naturalparents or other person having legal custody of the child to advise them of thepetitioner's intent to enroll the child in school, to authorize medical ordental care or seek a temporary guardianship for educational, medical care anddental care purposes.
(b) A temporary guardian for educational, medical care anddental care purposes may be appointed through an ex parte temporaryguardianship order without notice to the child's natural parents if the courtfinds by a preponderance of the evidence from the petition and testimony, if anytestimony is deemed necessary by the court, that temporary guardianship is inthe best interest of the child and not detrimental to the interests of anyother person and that no other person appears to have authority and willingnessto act in the circumstances. The court shall cause the ex parte temporaryguardianship order, together with notice of right to a hearing, to be served onthe natural parents of the child pursuant to Rule 4 of the Wyoming Rules ofCivil Procedure.
(c) The notice of right to a hearing shall clearly inform thechild's natural parents that a temporary guardianship for educational, medicalcare and dental care purposes has been granted to the petitioner and that thenatural parents, individually or jointly, have the right to request a fullhearing on the temporary guardianship by filing a written request for hearingwith the court. A request for full hearing by a natural parent shall be filedwith the court and shall be served on the temporary guardian pursuant to Rule 4of the Wyoming Rules of Civil Procedure. Upon receipt of a request forhearing, the court shall set the full hearing at its earliest convenience.
(d) Except upon a showing of good cause, an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes shall be limited to not more than one (1) year.
3-2-303. Notice to court.
If a child subject to an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes is no longer living in the primary physical custody of thecaregiver, the caregiver shall within three (3) business days notify the courtin writing of the circumstances regarding the change in the primary physicalcustody and the court may make any order it deems appropriate.
(a) Any person may file with the clerk a petition for theappointment of a guardian. The petition shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, an incompetentperson or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed guardian, and hisqualification as a fit and proper person to serve as guardian;
(iv) The residence of the proposed ward in the county or hispresence in the county;
(v) The facts to show that the best interest of the proposedward requires the appointment of a guardian in this state;
(vi) The name and address of the person or facility having thecare, custody or control of the proposed ward; and
(vii) The interests of the petitioner.
(b) The district court may transfer jurisdiction of a petitionfor appointment of a guardian to the juvenile court if the proposed ward is achild who is under the prior and continuing jurisdiction of the juvenile court.
3-2-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward, his custodianand the proposed guardian.
(b) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward's parents, spouseand adult children who are known or who can be discovered with due diligence,except:
(i) When a petition is filed under W.S. 3-2-108; or
(ii) When for good cause the court determines that no notice isnecessary if the proposed ward is under the age of eighteen (18) years.
(c) Notice shall be served on any other person as ordered bythe court.
(d) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.
3-2-103. Pleadings and trial; rules of civil procedure.
Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. The petitioner, theproposed ward or his custodian may demand a jury trial as provided by theWyoming Rules of Civil Procedure.
3-2-104. Appointment of guardian.
(a) The court may appoint a guardian if the allegations of thepetition as to the status of the proposed ward and the necessity for theappointment of a guardian are proved by a preponderance of the evidence.
(b) The order appointing a guardian shall state the findings ofthe court, including:
(i) The reasons why the ward is in need of a guardian;
(ii) The appointment of the guardian;
(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the guardian.
3-2-105. Appointment of guardian on voluntary petition.
(a) A guardian may be appointed by the court upon the petitionof the proposed ward, including a minor who has reached the age of fourteen(14) years, if the court determines that the appointment is in the bestinterest of the petitioner.
(b) The petition shall state whether a notice of a petition forinvoluntary guardianship under W.S. 3-2-101 has been served on the proposedward.
3-2-106. Appointment of a temporary or emergency guardian.
(a) Upon the filing of a petition for a temporary guardianother than a petition for temporary guardianship for educational, medical careand dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after ahearing the court may appoint a temporary guardian subject to any notice andconditions the court prescribes.
(b) Except upon a showing of good cause, an order appointing atemporary guardian of an adult ward shall be limited to not more than ninety(90) days. The court may order an extension of the temporary guardianship fornot more than an additional ninety (90) days, or conversion to a guardianshipor conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101through 3-3-106.
(c) Except upon a showing of good cause, an order appointing atemporary guardian of a minor ward shall be limited to not more than one (1)year.
(d) If the court finds that compliance with the proceduresspecified in this chapter will likely result in substantial harm to theproposed ward's health, safety or welfare, and that no other person appears tohave authority and willingness to act in the circumstances, the court, onpetition by a person interested in the proposed ward's welfare, may appoint anemergency guardian. Immediately upon receipt of the petition for an emergencyguardianship, the court shall appoint a guardian ad litem to represent theproposed ward's best interests in the proceeding. Except as otherwise providedin subsection (e) of this section, reasonable notice of the time and place of ahearing on the petition shall be given to the proposed ward and any otherpersons as the court directs.
(e) An emergency guardian may be appointed without notice tothe proposed ward or the guardian ad litem only if the court finds by apreponderance of the evidence from affidavit or testimony that the proposedward will be substantially harmed before a hearing on the appointment can beheld. If the court appoints an emergency guardian immediately, without noticeto the proposed ward or the guardian ad litem, the proposed ward and guardianad litem shall be given notice of the appointment within forty-eight (48) hoursafter the appointment. The court shall hold a hearing on the appropriatenessof the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authorityto make medical and medically related decisions only, except emergencyguardians shall not have authority with respect to a person who has been made award pursuant to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for healthcare for theward pursuant to W.S. 35-22-403(b);
(ii) Execute an individual instruction for the ward pursuant toW.S. 35-22-403(a);
(iii) Execute a cardiopulmonary resuscitation directive for theward pursuant to W.S. 35-22-201 through 35-22-208;
(iv) Commit or admit the ward to a mental health facility; or
(v) Direct the withdrawal of life sustaining procedures beingused on the ward.
(f) Appointment of an emergency guardian, with or withoutnotice, is not a determination of the proposed ward's incapacity.
(g) At the seventy-two (72) hour hearing to determine theappropriateness of the appointment of an emergency guardian required bysubsection (e) of this section, the court may appoint a temporary guardianpursuant to subsection (a) of this section. The court may remove an emergencyguardian at any time.
(h) Except as provided in subsections (d) through (g) of thissection, all other provisions of this chapter concerning guardians apply to anemergency guardian.
3-2-107. Who may be appointed as guardian; preference for appointmentof guardians.
(a) The court may appoint any qualified person as guardian ofan incompetent person or a minor. The court may not appoint a person to be aguardian of an incompetent person or a minor if the person proposed to act asguardian:
(i) Provides, or is likely to provide during the guardianshipperiod, substantial services to the ward in a professional or business capacityunrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period,a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period,interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified underparagraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent,notwithstanding the provisions of subsection (a) of this section that wouldotherwise disqualify the person, if the person is the spouse, adult child,parent or sibling of the respondent and the court determines that the potentialconflict of interest is insubstantial and that the appointment would clearly bein the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of an incompetent person inthe following order:
(i) A person nominated by the respondent if at the time of thenomination the respondent has the capacity to make a reasonably intelligentchoice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceasedspouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceasedparent;
(vii) A relative of the respondent with whom the respondent hasresided for more than six (6) months during the year preceding the filing ofthe petition;
(viii) A relative or friend who has demonstrated a sincere,longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the bestinterests of the respondent;
(x) A person with a guardianship program for incompetentpersons.
(d) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of a minor in the followingorder:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of thecustodial parent;
(iii) The person requested by a minor who has reached the age offourteen (14) years;
(iv) Any other person whose appointment would be in the bestinterests of the minor.
(e) The court shall consider the priorities established insubsections (c) and (d) of this section, but shall not be bound by thosepriorities. The court shall appoint the person who is best qualified andwilling to serve as guardian.
3-2-108. Appointment of guardian on a standby basis.
Apetition for the appointment of a guardian of the petitioner on a standby basismay be filed by any person under the same procedure and requirements asprovided in W.S. 3-3-301 through 3-3-306 for appointment of a standbyconservator, insofar as applicable.
3-2-109. Guardian's report.
(a) The guardian shall present to the court and file in theguardianship proceedings a signed, written, report on the physical condition,including level of disability or functional incapacity, principal residence,treatment, care and activities of the ward, as well as providing a descriptionof those actions the guardian has taken on behalf of the ward:
(i) Within six (6) months of the guardian's appointment;
(ii) Every six (6) months following the initial report;
(iii) Within thirty (30) days of his removal or resignation from,or the termination of, the guardianship;
(iv) At other times as the court may order.
(b) The court shall maintain a calendar for the filing ofguardianship reports.
(c) If a guardian's report is not timely filed, the court shallenter an order for the guardian to show cause why the guardian should not beheld in contempt.
3-2-110. Appointment of department of health or the department offamily services as guardian.
(a) The department of health or the department of familyservices may petition any district court in the state to be appointed guardianof a minor who is in its custody.
(b) If a department in subsection (a) of this section is notthe petitioner in a proceeding to appoint a guardian for a ward in itscustody, it shall not be appointed guardian unless given prior notice andopportunity for hearing.
3-2-111. Fees of the guardian.
(a) The fees of the guardian shall be:
(i) Reasonable and appropriate;
(ii) Set and approved by the court.
(b) The fees of the guardian shall not be approved by the courtunless all reports required of the guardian are current.
3-2-112. Immunity of volunteer guardian.
Anyperson who is appointed guardian of a ward pursuant to W.S. 3-2-104, who servesin that capacity without compensation other than reimbursement forout-of-pocket expenses associated with the appointment and who carries out theduties of guardian as set forth in W.S. 3-2-201 in good faith and withoutwillful or wanton misconduct or gross negligence, shall be personally immunefrom civil liability for any act or omission resulting in damage or injury tothe ward.
ARTICLE 2 - POWERS OF GUARDIANS
3-2-201. Powers and duties of guardian.
(a) The guardian shall:
(i) Determine and facilitate the least restrictive and mostappropriate and available residence for the ward;
(ii) Facilitate the ward's education, social and otheractivities;
(iii) Subject to the restrictions of W.S. 3-2-202, authorize orexpressly withhold authorization of medical or other professional care,treatment or advice;
(iv) Take reasonable care of the ward's personal property;
(v) Commence protective proceedings if necessary to protect theproperty of the ward;
(vi) Apply to the ward's current needs for support, care andeducation as much of the money or property paid or delivered to the guardianpursuant to W.S. 3-3-108 as may be appropriate;
(vii) Exercise due care to conserve excess funds for the ward'sfuture needs;
(viii) Pay to the conservator excess funds at least annually;
(ix) Request the court to modify the guardian's range of dutiesif the changed circumstances of the ward require such modification; and
(x) Following the death of a ward, arrange for the finaldisposition of the ward's remains according to the ward's expressed wishes ifknown, if the immediate family is unavailable or unwilling to assumeresponsibility. For purposes of this paragraph, "immediate family"is defined as parents, spouse, grandparents, siblings and adult children.
(b) The guardian may:
(i) Receive money payable from any conservatorship for thesupport of the ward;
(ii) Receive money or property of the ward paid or delivered tothe guardian pursuant to W.S. 3-3-108;
(iii) Institute proceedings to compel the performance by anyperson of the duty to support or contribute to the support of the ward;
(iv) Repealed By Laws 1998, ch. 114, 3.
(v) Repealed By Laws 1998, ch. 114, 3.
(vi) Consent to the marriage or adoption of the ward.
(c) The guardian is not liable for injury to the ward resultingfrom the negligence or acts of third persons performed by authority given bythe guardian for medical or other professional care, treatment or advice,unless it would have been negligent for a parent to have given that authority.
(d) Funds received by the guardian pursuant to W.S. 3-3-108shall not be used for compensation for the services of the guardian unlessapproved as required under W.S. 3-2-111.
(e) The guardian of a minor has the powers and responsibilitiesof a parent who has not been deprived of custody of his unemancipated minorchild. A guardian who is not a parent of the minor is not obligated to expendhis own funds for the support of the ward. A guardian who is not the parent ofa minor is not liable to third persons for acts of the ward by reason of therelationship of guardian and ward.
3-2-202. Powers of the guardian subject to approval of the court.
(a) Upon order of the court, after notice and hearing andappointment of a guardian ad litem, the guardian may:
(i) Commit the ward to a mental health hospital or other mentalhealth facility;
(ii) Consent to the following treatments for the ward:
(A) Electroshock therapy;
(B) Psychosurgery;
(C) Sterilization;
(D) Other long-term or permanent contraception.
(iii) Relinquish the ward's minor child for adoption, provided:
(A) Notice of any hearing was given to the ward and the legalor putative father; and
(B) The ward attended the hearing if the court so ordered.
(iv) Execute any appropriate advance medical directives,including durable power of attorney for health care under W.S. 35-22-403(b) andan individual instruction under W.S. 35-22-403(a).
ARTICLE 3 - TEMPORARY GUARDIANSHIP FOR EDUCATIONAL, MEDICALCARE AND DENTAL CARE PURPOSES
3-2-301. Definitions.
(a) As used in this article:
(i) "Caregiver" means a person, other than a naturalparent or legal guardian, who is at least eighteen (18) years of age and is theprimary physical custodian and a relative of a minor child;
(ii) "Child" means a person under eighteen (18) yearsof age who is in the primary physical custody of a caregiver;
(iii) "Relative" or "related" means therelationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling,half sibling, uncle or aunt.
3-2-302. Appointment of temporary guardian for educational, medicalcare and dental care purposes.
(a) A caregiver of a child may petition for appointment as atemporary guardian of a child for educational, medical care and dental carepurposes. The petition shall be verified by affidavit setting forth:
(i) The petitioner's full name, place of residence, the lengthof time he has been a resident of the county in which the petition is filed andhis Wyoming driver's license or identification card number;
(ii) The qualifications of the proposed guardian as a fit andproper person to serve as guardian;
(iii) The name, birth date and place of birth of the child;
(iv) The physical address of the child for the previous one (1)year preceding the filing of the petition, if known;
(v) The full names of the child's natural parents;
(vi) The last known addresses of the child's natural parents;
(vii) The name and address of the person or facility having thecare, custody or control of the child;
(viii) A concise statement of the reason for the desired temporaryguardianship for educational, medical care and dental care purposes;
(ix) The facts showing the best interest of the child requiresthe appointment of a guardian for educational, medical care and dental carepurposes in this state; and
(x) A concise statement setting forth the attempts made by thepetitioner and whether the petitioner has been able to contact the naturalparents or other person having legal custody of the child to advise them of thepetitioner's intent to enroll the child in school, to authorize medical ordental care or seek a temporary guardianship for educational, medical care anddental care purposes.
(b) A temporary guardian for educational, medical care anddental care purposes may be appointed through an ex parte temporaryguardianship order without notice to the child's natural parents if the courtfinds by a preponderance of the evidence from the petition and testimony, if anytestimony is deemed necessary by the court, that temporary guardianship is inthe best interest of the child and not detrimental to the interests of anyother person and that no other person appears to have authority and willingnessto act in the circumstances. The court shall cause the ex parte temporaryguardianship order, together with notice of right to a hearing, to be served onthe natural parents of the child pursuant to Rule 4 of the Wyoming Rules ofCivil Procedure.
(c) The notice of right to a hearing shall clearly inform thechild's natural parents that a temporary guardianship for educational, medicalcare and dental care purposes has been granted to the petitioner and that thenatural parents, individually or jointly, have the right to request a fullhearing on the temporary guardianship by filing a written request for hearingwith the court. A request for full hearing by a natural parent shall be filedwith the court and shall be served on the temporary guardian pursuant to Rule 4of the Wyoming Rules of Civil Procedure. Upon receipt of a request forhearing, the court shall set the full hearing at its earliest convenience.
(d) Except upon a showing of good cause, an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes shall be limited to not more than one (1) year.
3-2-303. Notice to court.
If a child subject to an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes is no longer living in the primary physical custody of thecaregiver, the caregiver shall within three (3) business days notify the courtin writing of the circumstances regarding the change in the primary physicalcustody and the court may make any order it deems appropriate.
(a) Any person may file with the clerk a petition for theappointment of a guardian. The petition shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, an incompetentperson or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed guardian, and hisqualification as a fit and proper person to serve as guardian;
(iv) The residence of the proposed ward in the county or hispresence in the county;
(v) The facts to show that the best interest of the proposedward requires the appointment of a guardian in this state;
(vi) The name and address of the person or facility having thecare, custody or control of the proposed ward; and
(vii) The interests of the petitioner.
(b) The district court may transfer jurisdiction of a petitionfor appointment of a guardian to the juvenile court if the proposed ward is achild who is under the prior and continuing jurisdiction of the juvenile court.
3-2-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward, his custodianand the proposed guardian.
(b) Notice of filing of a petition for appointment of aninvoluntary guardianship shall be served on the proposed ward's parents, spouseand adult children who are known or who can be discovered with due diligence,except:
(i) When a petition is filed under W.S. 3-2-108; or
(ii) When for good cause the court determines that no notice isnecessary if the proposed ward is under the age of eighteen (18) years.
(c) Notice shall be served on any other person as ordered bythe court.
(d) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.
3-2-103. Pleadings and trial; rules of civil procedure.
Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. The petitioner, theproposed ward or his custodian may demand a jury trial as provided by theWyoming Rules of Civil Procedure.
3-2-104. Appointment of guardian.
(a) The court may appoint a guardian if the allegations of thepetition as to the status of the proposed ward and the necessity for theappointment of a guardian are proved by a preponderance of the evidence.
(b) The order appointing a guardian shall state the findings ofthe court, including:
(i) The reasons why the ward is in need of a guardian;
(ii) The appointment of the guardian;
(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the guardian.
3-2-105. Appointment of guardian on voluntary petition.
(a) A guardian may be appointed by the court upon the petitionof the proposed ward, including a minor who has reached the age of fourteen(14) years, if the court determines that the appointment is in the bestinterest of the petitioner.
(b) The petition shall state whether a notice of a petition forinvoluntary guardianship under W.S. 3-2-101 has been served on the proposedward.
3-2-106. Appointment of a temporary or emergency guardian.
(a) Upon the filing of a petition for a temporary guardianother than a petition for temporary guardianship for educational, medical careand dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after ahearing the court may appoint a temporary guardian subject to any notice andconditions the court prescribes.
(b) Except upon a showing of good cause, an order appointing atemporary guardian of an adult ward shall be limited to not more than ninety(90) days. The court may order an extension of the temporary guardianship fornot more than an additional ninety (90) days, or conversion to a guardianshipor conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101through 3-3-106.
(c) Except upon a showing of good cause, an order appointing atemporary guardian of a minor ward shall be limited to not more than one (1)year.
(d) If the court finds that compliance with the proceduresspecified in this chapter will likely result in substantial harm to theproposed ward's health, safety or welfare, and that no other person appears tohave authority and willingness to act in the circumstances, the court, onpetition by a person interested in the proposed ward's welfare, may appoint anemergency guardian. Immediately upon receipt of the petition for an emergencyguardianship, the court shall appoint a guardian ad litem to represent theproposed ward's best interests in the proceeding. Except as otherwise providedin subsection (e) of this section, reasonable notice of the time and place of ahearing on the petition shall be given to the proposed ward and any otherpersons as the court directs.
(e) An emergency guardian may be appointed without notice tothe proposed ward or the guardian ad litem only if the court finds by apreponderance of the evidence from affidavit or testimony that the proposedward will be substantially harmed before a hearing on the appointment can beheld. If the court appoints an emergency guardian immediately, without noticeto the proposed ward or the guardian ad litem, the proposed ward and guardianad litem shall be given notice of the appointment within forty-eight (48) hoursafter the appointment. The court shall hold a hearing on the appropriatenessof the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authorityto make medical and medically related decisions only, except emergencyguardians shall not have authority with respect to a person who has been made award pursuant to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for healthcare for theward pursuant to W.S. 35-22-403(b);
(ii) Execute an individual instruction for the ward pursuant toW.S. 35-22-403(a);
(iii) Execute a cardiopulmonary resuscitation directive for theward pursuant to W.S. 35-22-201 through 35-22-208;
(iv) Commit or admit the ward to a mental health facility; or
(v) Direct the withdrawal of life sustaining procedures beingused on the ward.
(f) Appointment of an emergency guardian, with or withoutnotice, is not a determination of the proposed ward's incapacity.
(g) At the seventy-two (72) hour hearing to determine theappropriateness of the appointment of an emergency guardian required bysubsection (e) of this section, the court may appoint a temporary guardianpursuant to subsection (a) of this section. The court may remove an emergencyguardian at any time.
(h) Except as provided in subsections (d) through (g) of thissection, all other provisions of this chapter concerning guardians apply to anemergency guardian.
3-2-107. Who may be appointed as guardian; preference for appointmentof guardians.
(a) The court may appoint any qualified person as guardian ofan incompetent person or a minor. The court may not appoint a person to be aguardian of an incompetent person or a minor if the person proposed to act asguardian:
(i) Provides, or is likely to provide during the guardianshipperiod, substantial services to the ward in a professional or business capacityunrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period,a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period,interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified underparagraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent,notwithstanding the provisions of subsection (a) of this section that wouldotherwise disqualify the person, if the person is the spouse, adult child,parent or sibling of the respondent and the court determines that the potentialconflict of interest is insubstantial and that the appointment would clearly bein the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of an incompetent person inthe following order:
(i) A person nominated by the respondent if at the time of thenomination the respondent has the capacity to make a reasonably intelligentchoice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceasedspouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceasedparent;
(vii) A relative of the respondent with whom the respondent hasresided for more than six (6) months during the year preceding the filing ofthe petition;
(viii) A relative or friend who has demonstrated a sincere,longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the bestinterests of the respondent;
(x) A person with a guardianship program for incompetentpersons.
(d) Subject to subsection (e) of this section, qualifiedpersons have priority for appointment as guardian of a minor in the followingorder:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of thecustodial parent;
(iii) The person requested by a minor who has reached the age offourteen (14) years;
(iv) Any other person whose appointment would be in the bestinterests of the minor.
(e) The court shall consider the priorities established insubsections (c) and (d) of this section, but shall not be bound by thosepriorities. The court shall appoint the person who is best qualified andwilling to serve as guardian.
3-2-108. Appointment of guardian on a standby basis.
Apetition for the appointment of a guardian of the petitioner on a standby basismay be filed by any person under the same procedure and requirements asprovided in W.S. 3-3-301 through 3-3-306 for appointment of a standbyconservator, insofar as applicable.
3-2-109. Guardian's report.
(a) The guardian shall present to the court and file in theguardianship proceedings a signed, written, report on the physical condition,including level of disability or functional incapacity, principal residence,treatment, care and activities of the ward, as well as providing a descriptionof those actions the guardian has taken on behalf of the ward:
(i) Within six (6) months of the guardian's appointment;
(ii) Every six (6) months following the initial report;
(iii) Within thirty (30) days of his removal or resignation from,or the termination of, the guardianship;
(iv) At other times as the court may order.
(b) The court shall maintain a calendar for the filing ofguardianship reports.
(c) If a guardian's report is not timely filed, the court shallenter an order for the guardian to show cause why the guardian should not beheld in contempt.
3-2-110. Appointment of department of health or the department offamily services as guardian.
(a) The department of health or the department of familyservices may petition any district court in the state to be appointed guardianof a minor who is in its custody.
(b) If a department in subsection (a) of this section is notthe petitioner in a proceeding to appoint a guardian for a ward in itscustody, it shall not be appointed guardian unless given prior notice andopportunity for hearing.
3-2-111. Fees of the guardian.
(a) The fees of the guardian shall be:
(i) Reasonable and appropriate;
(ii) Set and approved by the court.
(b) The fees of the guardian shall not be approved by the courtunless all reports required of the guardian are current.
3-2-112. Immunity of volunteer guardian.
Anyperson who is appointed guardian of a ward pursuant to W.S. 3-2-104, who servesin that capacity without compensation other than reimbursement forout-of-pocket expenses associated with the appointment and who carries out theduties of guardian as set forth in W.S. 3-2-201 in good faith and withoutwillful or wanton misconduct or gross negligence, shall be personally immunefrom civil liability for any act or omission resulting in damage or injury tothe ward.
ARTICLE 2 - POWERS OF GUARDIANS
3-2-201. Powers and duties of guardian.
(a) The guardian shall:
(i) Determine and facilitate the least restrictive and mostappropriate and available residence for the ward;
(ii) Facilitate the ward's education, social and otheractivities;
(iii) Subject to the restrictions of W.S. 3-2-202, authorize orexpressly withhold authorization of medical or other professional care,treatment or advice;
(iv) Take reasonable care of the ward's personal property;
(v) Commence protective proceedings if necessary to protect theproperty of the ward;
(vi) Apply to the ward's current needs for support, care andeducation as much of the money or property paid or delivered to the guardianpursuant to W.S. 3-3-108 as may be appropriate;
(vii) Exercise due care to conserve excess funds for the ward'sfuture needs;
(viii) Pay to the conservator excess funds at least annually;
(ix) Request the court to modify the guardian's range of dutiesif the changed circumstances of the ward require such modification; and
(x) Following the death of a ward, arrange for the finaldisposition of the ward's remains according to the ward's expressed wishes ifknown, if the immediate family is unavailable or unwilling to assumeresponsibility. For purposes of this paragraph, "immediate family"is defined as parents, spouse, grandparents, siblings and adult children.
(b) The guardian may:
(i) Receive money payable from any conservatorship for thesupport of the ward;
(ii) Receive money or property of the ward paid or delivered tothe guardian pursuant to W.S. 3-3-108;
(iii) Institute proceedings to compel the performance by anyperson of the duty to support or contribute to the support of the ward;
(iv) Repealed By Laws 1998, ch. 114, 3.
(v) Repealed By Laws 1998, ch. 114, 3.
(vi) Consent to the marriage or adoption of the ward.
(c) The guardian is not liable for injury to the ward resultingfrom the negligence or acts of third persons performed by authority given bythe guardian for medical or other professional care, treatment or advice,unless it would have been negligent for a parent to have given that authority.
(d) Funds received by the guardian pursuant to W.S. 3-3-108shall not be used for compensation for the services of the guardian unlessapproved as required under W.S. 3-2-111.
(e) The guardian of a minor has the powers and responsibilitiesof a parent who has not been deprived of custody of his unemancipated minorchild. A guardian who is not a parent of the minor is not obligated to expendhis own funds for the support of the ward. A guardian who is not the parent ofa minor is not liable to third persons for acts of the ward by reason of therelationship of guardian and ward.
3-2-202. Powers of the guardian subject to approval of the court.
(a) Upon order of the court, after notice and hearing andappointment of a guardian ad litem, the guardian may:
(i) Commit the ward to a mental health hospital or other mentalhealth facility;
(ii) Consent to the following treatments for the ward:
(A) Electroshock therapy;
(B) Psychosurgery;
(C) Sterilization;
(D) Other long-term or permanent contraception.
(iii) Relinquish the ward's minor child for adoption, provided:
(A) Notice of any hearing was given to the ward and the legalor putative father; and
(B) The ward attended the hearing if the court so ordered.
(iv) Execute any appropriate advance medical directives,including durable power of attorney for health care under W.S. 35-22-403(b) andan individual instruction under W.S. 35-22-403(a).
ARTICLE 3 - TEMPORARY GUARDIANSHIP FOR EDUCATIONAL, MEDICALCARE AND DENTAL CARE PURPOSES
3-2-301. Definitions.
(a) As used in this article:
(i) "Caregiver" means a person, other than a naturalparent or legal guardian, who is at least eighteen (18) years of age and is theprimary physical custodian and a relative of a minor child;
(ii) "Child" means a person under eighteen (18) yearsof age who is in the primary physical custody of a caregiver;
(iii) "Relative" or "related" means therelationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling,half sibling, uncle or aunt.
3-2-302. Appointment of temporary guardian for educational, medicalcare and dental care purposes.
(a) A caregiver of a child may petition for appointment as atemporary guardian of a child for educational, medical care and dental carepurposes. The petition shall be verified by affidavit setting forth:
(i) The petitioner's full name, place of residence, the lengthof time he has been a resident of the county in which the petition is filed andhis Wyoming driver's license or identification card number;
(ii) The qualifications of the proposed guardian as a fit andproper person to serve as guardian;
(iii) The name, birth date and place of birth of the child;
(iv) The physical address of the child for the previous one (1)year preceding the filing of the petition, if known;
(v) The full names of the child's natural parents;
(vi) The last known addresses of the child's natural parents;
(vii) The name and address of the person or facility having thecare, custody or control of the child;
(viii) A concise statement of the reason for the desired temporaryguardianship for educational, medical care and dental care purposes;
(ix) The facts showing the best interest of the child requiresthe appointment of a guardian for educational, medical care and dental carepurposes in this state; and
(x) A concise statement setting forth the attempts made by thepetitioner and whether the petitioner has been able to contact the naturalparents or other person having legal custody of the child to advise them of thepetitioner's intent to enroll the child in school, to authorize medical ordental care or seek a temporary guardianship for educational, medical care anddental care purposes.
(b) A temporary guardian for educational, medical care anddental care purposes may be appointed through an ex parte temporaryguardianship order without notice to the child's natural parents if the courtfinds by a preponderance of the evidence from the petition and testimony, if anytestimony is deemed necessary by the court, that temporary guardianship is inthe best interest of the child and not detrimental to the interests of anyother person and that no other person appears to have authority and willingnessto act in the circumstances. The court shall cause the ex parte temporaryguardianship order, together with notice of right to a hearing, to be served onthe natural parents of the child pursuant to Rule 4 of the Wyoming Rules ofCivil Procedure.
(c) The notice of right to a hearing shall clearly inform thechild's natural parents that a temporary guardianship for educational, medicalcare and dental care purposes has been granted to the petitioner and that thenatural parents, individually or jointly, have the right to request a fullhearing on the temporary guardianship by filing a written request for hearingwith the court. A request for full hearing by a natural parent shall be filedwith the court and shall be served on the temporary guardian pursuant to Rule 4of the Wyoming Rules of Civil Procedure. Upon receipt of a request forhearing, the court shall set the full hearing at its earliest convenience.
(d) Except upon a showing of good cause, an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes shall be limited to not more than one (1) year.
3-2-303. Notice to court.
If a child subject to an ex parte orderappointing a temporary guardian of a child for educational, medical care anddental care purposes is no longer living in the primary physical custody of thecaregiver, the caregiver shall within three (3) business days notify the courtin writing of the circumstances regarding the change in the primary physicalcustody and the court may make any order it deems appropriate.
