Health care directive in Wyoming: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in Wyoming.
Checked against official sources: October 31, 2026.
Short answer
Power of attorney for health care / advance health care directive (Wyoming Health Care Decisions Act)
- How to sign
- Notarized or signed by two adult witnesses
- Who decides without a directive
- Yes
The document and its form
- Document
- Power of attorney for health care / advance health care directive (Wyoming Health Care Decisions Act)
- Living will
Individual instruction
Part of the directive.
An individual instruction is your own direction about health care. It may be oral or written, and may be limited to take effect only if a specified condition arises.
Law: Wyo. Stat. § 35-22-405 (form section) repealed by Laws 2007, ch. 61, § 2; Wyo. Stat. § 35-22-403(a)
Signing rules
- How to sign
Sign your power of attorney for health care and either have it notarized or have two qualified witnesses sign the required declaration. Individual instructions may be oral or written.
- Who signs
In writing and signed by you, or by another person in your presence and at your express direction.
- Notary
- A notary or witnesses (your choice)
- Witnesses
- 2 (instead of a notary)
- Who cannot witness
Either acknowledge it before a notarial officer, or have at least two witnesses sign; each witness must have seen you sign or acknowledge it and must declare under penalty of perjury that you are known to them and signed or acknowledged it in their presence. None of these may witness: your treating health care provider or the provider's employee; the attorney-in-fact you name; the operator or an employee of a community care facility or a residential care facility (or of its operator).
- Nursing facilities and special settings
Operators and employees of community care and residential care facilities may not be witnesses, and, unless related to you by blood, marriage or adoption, an owner, operator or employee of a residential or community care facility where you receive care may not be your agent.
Law: Wyo. Stat. § 35-22-403(a)-(c)
Who can be your agent and what the agent can do
- Who cannot be your agent
Unless related to you by blood, marriage or adoption, your agent may not be an owner, operator or employee of a residential or community care facility where you are receiving care.
Law: Wyo. Stat. § 35-22-403(b)
- When the agent starts
Unless your document says otherwise, the agent's authority starts only when it is determined that you lack capacity and stops when you recover capacity. Your primary physician makes that determination (or your treating primary health care provider if the physician is unavailable), unless your directive says otherwise.
Law: Wyo. Stat. § 35-22-403(d), (e)
- Decisions an agent cannot make
The agent must follow your directive and other known wishes; otherwise the agent decides in your best interest, considering your personal values. The agent's decisions need no court approval, and absent a court order an agent's decision takes precedence over a guardian's.
Law: Wyo. Stat. §§ 35-22-403(f), (g), 35-22-407(b)
Revoking and conflicting documents
- Revoking your agent
You may revoke the naming of an agent only by a signed writing.
- Revoking your instructions
You may revoke all or part of the rest of the directive at any time and in any manner that shows your intent; an oral revocation should be documented as soon as possible in a writing signed and dated by you or a witness to it.
- Telling others
A health care provider, agent, guardian or surrogate who is told of a revocation must promptly tell your primary health care provider and any facility where you are receiving care.
- Divorce ends a spouse's authority
- Yes · Divorce rules in Wyoming (Divorce Law Map)
- Conflicting documents
A later advance health care directive revokes an earlier one to the extent they conflict.
Law: Wyo. Stat. § 35-22-404(e)
Law: Wyo. Stat. § 35-22-404
If you have no directive
- Who decides without a directive
If there is no valid directive and no available agent or guardian, a surrogate may decide once your primary physician or primary health care provider determines you lack capacity. The law lists family members in a suggested descending order of priority. If members of a class disagree, the provider follows the majority of those who have spoken. The provider may ask the surrogate for a written declaration under penalty of perjury supporting their authority. You can disqualify anyone in writing or by telling your provider.
- A person you named as surrogate by telling your primary health care provider
- Spouse (unless legally separated)
- Adult child
- Parent
- Grandparent
- Adult brother or sister
- Adult grandchild
- An adult who has shown special care and concern and knows your values
Law: Wyo. Stat. § 35-22-406
Other states, registry and medical orders
- Signed in another state
An advance health care directive is valid if it complied with the applicable law at the time it was signed or communicated.
Law: Wyo. Stat. § 35-22-403(j)
- POLST (medical orders)
Wyoming POLST form (Department of Health)
- Mental health directive
A psychiatric advance directive may be made by an adult with decisional capacity (or an authorized decision-maker) on recommended Department of Health forms; it is valid for up to 2 years unless reaffirmed, and may be revoked at any time unless the person is mentally incompetent. The Wyoming Judicial Branch posts a psychiatric advance directive form.
Law: Wyo. Stat. §§ 35-22-302, 35-22-303, 35-22-307, 35-22-308
Law: Wyo. Stat. §§ 35-22-501 to 35-22-509
Free notice: revoke or change a health care directive
Free help in Wyoming
- Wyoming Judicial Branch / Equal Justice Wyoming: Find legal help
- Wyoming Judicial Branch: Power of Attorney
- Wyoming Judicial Branch: Advance Directive
- Wyoming Judicial Branch: Guardianship (Adult)
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Wyoming Department of Family Services (reports go to your local DFS office) · 1-800-457-3659
Questions about powers of attorney in Wyoming
How do I sign a health care directive in Wyoming?
Sign your power of attorney for health care and either have it notarized or have two qualified witnesses sign the required declaration. Individual instructions may be oral or written.
Who decides my health care if I have no directive in Wyoming?
If there is no valid directive and no available agent or guardian, a surrogate may decide once your primary physician or primary health care provider determines you lack capacity. The law lists family members in a suggested descending order of priority.