Adult Guardianship in Wyoming
Reviewed by DocDraft Legal Team - Wyoming - Last updated October 9, 2026
In Wyoming the district court appoints a guardian for the person of an adult the statute calls an "incompetent person" and a conservator for the person's property, under Wyo. Stat. Title 3. The petitioner's allegations about the proposed ward's status and the necessity of the appointment must be proved by a preponderance of the evidence (Wyo. Stat. 3-2-104(a); 3-3-104(a)). The judiciary publishes a Petition for Appointment of Guardian for an Adult and instructions, but the forms are unnumbered and the instructions tell filers to check with the district court for special requirements. If the court appoints a guardian ad litem, that person reports on the proposed ward's condition within 30 days after appointment, and counsel for the proposed ward is appointed only upon order of the court.
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What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Wyoming?
The district court may appoint a guardian if the petition's allegations about the proposed ward's status and the necessity of a guardian are proved by a preponderance of the evidence (Wyo. Stat. 3-2-104(a)). An incompetent person is an adult unable unassisted to properly manage and take care of himself or his property because of listed medical conditions.
Which court and which form start an adult guardianship in Wyoming?
A guardianship is filed in the district court, in the place where the proposed ward resides or is present. The Wyoming judiciary hosts a Petition for Appointment of Guardian for an Adult and instructions, though the forms are unnumbered. The instructions say to check with the district court where you plan to file about any special requirements.
Does Wyoming require a doctor's report for an adult guardianship?
The petitioner must prove the proposed ward's status by a preponderance of the evidence. The judiciary's instructions say exhibits may include medical records and testimony from friends, family or medical professionals. If a guardian ad litem is appointed, it reports on the proposed ward's condition within 30 days. Ask the district court clerk whether local requirements call for medical evidence.
What rights does the person have in a Wyoming guardianship case?
The proposed ward is entitled to notice of the filing, an opportunity for a hearing, and to attend any hearing. The person may have a guardian ad litem appointed under Rule 17(c) and counsel appointed upon order of the court. An involuntary proposed ward cannot sign an acceptance of service and must be served by sheriff or process server.
Wyoming's incompetent person standard, preponderance proof and guardian ad litem
Wyoming splits the role in two. A guardian has authority over the person and a conservator has custody and control of the ward's property; the statute says guardian of the estate means conservator, and either role can be plenary or limited, with emergency, temporary and standby guardians also defined. One petition may seek both roles and the same person may serve (Wyo. Stat. 3-1-105). A guardianship petition goes to the district court of the county where the proposed ward resides or is present; for a conservatorship, venue is the county where the ward resides. The adult is the proposed ward, and the status is incompetent person: an individual who, for reasons other than being a minor, is unable unassisted to properly manage and take care of himself or his property as a result of the medical conditions of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability (Wyo. Stat. 3-1-101(a)(ix)). A mentally incompetent person is the narrower version, limited to mental illness, mental deficiency or intellectual disability. The proof standard is a preponderance of the evidence for both guardianship and conservatorship. If one is appointed, a guardian ad litem, who is not the proposed ward's lawyer, reports on the person's condition and gives recommendations within 30 days after appointment (Wyo. Stat. 3-1-108). The statute gives counsel only upon order of the court, so a family should not assume a lawyer is appointed automatically. The proposed ward has a right to the least restrictive and most appropriate guardianship or conservatorship suitable to the person's circumstances, and the order must state whether the duties are limited or plenary. The Wyoming judiciary publishes a Petition for Appointment of Guardian for an Adult and instructions; ask the district court clerk about special requirements.
Relevant Laws
Wyoming Statutes Title 3, 3-1-101 (Definitions: incompetent person, guardian, conservator)
Defines incompetent person, mentally incompetent person, conservator, guardian of the estate and limited guardianship, and sets the terms used throughout Title 3.
Wyoming Statutes Title 3, Chapters 2 and 3 (Guardianships and Conservatorships)
Governs the petition, notice to the proposed ward and others, the preponderance of the evidence standard (3-2-104; 3-3-104), emergency and temporary appointments (3-2-106; 3-3-107), conservator inventory (3-3-602) and the guardian and conservator reports (3-2-109; 3-3-901).
Wyoming Statutes 3-1-106, 3-1-108 and 3-1-205 (Bond, guardian ad litem and rights of the proposed ward)
Bond for a guardian or limited guardian, the guardian ad litem's 30-day report, and the proposed ward's rights to notice, a hearing, presence at hearings, a guardian ad litem, counsel appointed upon order of the court, and the least restrictive and most appropriate guardianship or conservatorship.
Wyoming Judicial Branch Instructions for Appointment of a Guardian - Adult
Judiciary instructions (revised 07/2023) listing the working set of pro se forms, service rules and hearing steps, with a link to the Petition for Appointment of Guardian for an Adult.
Regional Variances
Wyoming adult guardianship requirements
Court
District Court of the county where the proposed ward resides or is present for a guardianship, or where the ward resides for a conservatorship; the clerk of the district court is the clerk (Wyo. Stat. 3-1-103; 3-2-101(b)).
Terms used
Guardian (of the person) and conservator (of the property); the statute says guardian of the estate means conservator. Plenary or limited versions of each, plus emergency, temporary and standby guardians. The adult is the ward, proposed ward or respondent, and the status is incompetent person or mentally incompetent person (Wyo. Stat. 3-1-101).
Petition form
Wyoming Judicial Branch Petition for Appointment of Guardian for an Adult (unnumbered, last revised 12/2013), with Instructions (last revised 07/2023) and Packet 18 of miscellaneous forms approved by the Wyoming Supreme Court (2016). The instructions say you may not need all the listed forms and to check with the District Court for special requirements.
Incapacity standard and proof
Incompetent person: an individual who, for reasons other than being a minor, is unable unassisted to properly manage and take care of himself or his property as a result of the medical conditions of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability. Proof: preponderance of the evidence (Wyo. Stat. 3-1-101(a)(ix); 3-2-104(a); 3-3-104(a)).
Medical or evaluator report
The judiciary's instructions say exhibits may include medical records and testimony of friends, family or medical professionals. If appointed, a guardian ad litem reports on the proposed ward's condition and recommendations within 30 days after appointment (Wyo. Stat. 3-1-108(b)). Ask the clerk whether the district court requires medical evidence.
Notice and service
Notice of an involuntary petition is served on the proposed ward, custodian and proposed guardian, and on parents, an agent or fiduciary under a known power of attorney, spouse and adult children who are known or discoverable with due diligence, in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court (Wyo. Stat. 3-2-102). An involuntary proposed ward must be served by sheriff or process server. The instructions say responses are due in 20 days if served in-state (30 out of state).
Right to counsel
The proposed ward has the right to have a guardian ad litem appointed under Rule 17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointed upon order of the court (Wyo. Stat. 3-1-205). The guardian ad litem shall not act as legal counsel for the proposed ward (Wyo. Stat. 3-1-108).
Less restrictive alternatives
Right to the least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances (Wyo. Stat. 3-1-205(a)(v); 3-1-206(a)(i)). The order must state the limited or plenary duties (3-2-104(b)(iv)). An agent under a known power of attorney must receive notice (3-2-102(b)).
Emergency and temporary guardianship
Emergency guardian: the court finds compliance with ordinary procedures will likely result in substantial harm to the proposed ward's health, safety or welfare, and that no other person appears to have authority and willingness to act. Appointment without notice requires a further finding, by a preponderance from affidavit or testimony, that the ward will be substantially harmed before a hearing, and gives medical and medically related authority only; notice then goes to the proposed ward and guardian ad litem within 48 hours and the hearing is within 72 hours. Temporary guardian of an adult: not more than 90 days except on good cause (Wyo. Stat. 3-2-106). Temporary conservator: not more than 90 days (3-3-107(b)).
Bond and reports
A guardian or limited guardian is not required to give bond unless the court, for good cause, finds the ward's best interest requires one (Wyo. Stat. 3-1-106). Conservator inventory within 90 days after appointment or within additional time the court allows (3-3-602). Guardian report within 6 months of appointment and every 6 months after (3-2-109). Conservator report and accounting annually within 60 days after the anniversary of appointment unless the court otherwise orders on good cause shown (3-3-901(a)(i)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. The proposed ward has a statutory right to the least restrictive and most appropriate guardianship or conservatorship suitable to the circumstances, and the petition states that the request meets that test.
Gather medical and other evidence
Before filing days after startingThe petitioner must prove the proposed ward's status and the necessity of the appointment by a preponderance of the evidence. The judiciary's instructions say exhibits may include medical records and social services records, with testimony from friends, family or medical professionals. Ask the clerk about local requirements.
File the petition in district court
At filing days after startingFile the Petition for Appointment of Guardian for an Adult, with the other forms the judiciary's instructions list for your case, in the district court of the county where the proposed ward resides or is present (for a conservatorship, the county where the ward resides). The instructions say to check with the district court for special requirements.
Serve notice and prepare for the hearing
After filing days after startingFor an involuntary petition, serve notice on the proposed ward, the custodian and the proposed guardian, and on parents, an agent under a known power of attorney, spouse and adult children who are known or discoverable with due diligence, in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court. An involuntary proposed ward must be served by sheriff or process server. Counsel is appointed upon order of the court, and the guardian ad litem is not the person's lawyer.
Calendar bond, inventory and reports
After appointment days after startingA guardian or limited guardian gives bond only if the court, for good cause, finds the ward's best interest requires one. A guardian reports within 6 months of appointment and every 6 months after. A conservator files an inventory within 90 days after appointment or within additional time the court allows, and an annual report within 60 days after the anniversary of appointment unless the court otherwise orders on good cause shown.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. The proposed ward has a statutory right to the least restrictive and most appropriate guardianship or conservatorship suitable to the circumstances, and the petition states that the request meets that test. | durable-power-of-attorney | Before filing |
| Gather medical and other evidence | The petitioner must prove the proposed ward's status and the necessity of the appointment by a preponderance of the evidence. The judiciary's instructions say exhibits may include medical records and social services records, with testimony from friends, family or medical professionals. Ask the clerk about local requirements. | - | Before filing |
| File the petition in district court | File the Petition for Appointment of Guardian for an Adult, with the other forms the judiciary's instructions list for your case, in the district court of the county where the proposed ward resides or is present (for a conservatorship, the county where the ward resides). The instructions say to check with the district court for special requirements. | - | At filing |
| Serve notice and prepare for the hearing | For an involuntary petition, serve notice on the proposed ward, the custodian and the proposed guardian, and on parents, an agent under a known power of attorney, spouse and adult children who are known or discoverable with due diligence, in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court. An involuntary proposed ward must be served by sheriff or process server. Counsel is appointed upon order of the court, and the guardian ad litem is not the person's lawyer. | - | After filing |
| Calendar bond, inventory and reports | A guardian or limited guardian gives bond only if the court, for good cause, finds the ward's best interest requires one. A guardian reports within 6 months of appointment and every 6 months after. A conservator files an inventory within 90 days after appointment or within additional time the court allows, and an annual report within 60 days after the anniversary of appointment unless the court otherwise orders on good cause shown. | - | After appointment |
Frequently Asked Questions
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