Default Health-Care Surrogate Priority in Wyoming
At a glance
| When the default route opens | No valid advance health-care directive; primary physician or provider finds lack of capacity; no appointed or reasonably available agent/guardian (§ 35-22-406(a)). |
|---|---|
| Care or setting covered | Health-care decisions include provider selection, tests, medication, DNR and artificial nutrition/hydration; no single-facility restriction (§§ 35-22-402(a)(ix), 35-22-406(a)). |
| Guardian or appointed agent | Agent or guardian ahead of surrogate; agent decision prevails over guardian absent contrary court order (§§ 35-22-406(a), 35-22-407(b)). |
| Family and partner order | Patient designee first; suggested order is spouse not legally separated, adult child, parent, grandparent, adult sibling, adult grandchild (§ 35-22-406(b)). |
| Friend or other nonfamily person | After unavailable family, caring adult familiar with patient values may act; unrelated residential/community facility owner, operator or worker barred (§ 35-22-406(c), (j)). |
| Decision within one class | If same-class members disagree and provider is told, provider follows majority of members who communicated their views (§ 35-22-406(e)). |
| Who is available and eligible | Surrogate must be adult, capable, reasonably available and willing; provider may require perjury declaration; patient may disqualify by writing or personal notice (§§ 35-22-402(a)(xvi), (xx), 35-22-406(h), (k)). |
| Decisions limited or excluded | Follow patient instructions and known wishes, then best interests and values; Act preserves separate involuntary mental-health law (§§ 35-22-406(f), 35-22-414(e)). |
| No surrogate or disputed authority | Decision effective without judicial approval; patient, listed decision-makers or provider may seek district-court direction or injunction (§§ 35-22-406(g), 35-22-415). |
Requirements one by one
When the default route opens
Under § 35-22-406(a), the surrogate route requires no valid advance health-care directive, a lack-of-capacity finding by the primary physician or primary health-care provider, and no appointed or reasonably available agent or guardian. Section 35-22-412(b) presumes capacity unless the primary physician certifies lack of capacity in writing. The Act covers adults and emancipated minors in this route.
Care or setting covered
Section 35-22-402(a)(ix) includes choices about providers, diagnostic tests, surgery, medication, resuscitation orders, and providing or withholding artificial nutrition, hydration and other care. Section 35-22-406(a) authorizes a surrogate health-care decision without naming one facility type.
Family and other eligible people
An adult or emancipated minor may personally designate any individual as surrogate by telling the primary health-care provider (§ 35-22-406(b)). Without an available designee, that subsection suggests this descending family order: a spouse who is not legally separated, adult child, parent, grandparent, adult sibling and adult grandchild. Its wording is advisory rather than a command to follow an absolute family rank. If no eligible family member is reasonably available, an adult who has shown special care and concern, knows the patient's values and is reasonably available may act (§ 35-22-406(c)).
Decision within one class
If multiple people in one class assume authority, disagree on a decision and the primary health-care provider is told, § 35-22-406(e) directs the provider to follow the majority of that class who communicated their views. The statute does not specify a tie-breaking decision in that subsection; § 35-22-415 permits a petition for court direction.
Who is available and eligible
Section 35-22-402(a)(xx) defines a surrogate as a capable, reasonably available, willing adult identified by the primary health-care provider; paragraph (xvi) ties reasonable availability to the urgency of care. A patient may disqualify anyone by signed writing or personal notice to that provider (§ 35-22-406(h)). An unrelated residential or community care facility owner, operator or employee cannot serve, and the provider may ask a claimant for a declaration under penalty of perjury (§ 35-22-406(j)–(k)).
Decisions limited or excluded
The surrogate follows the patient's individual instructions and known wishes; otherwise the patient's best interests, considering known personal, philosophical, religious and ethical values and reliable earlier statements (§ 35-22-406(f)). Section 35-22-414(e) keeps separate law on involuntary mental-health treatment and psychiatric advance directives applicable.
No surrogate or disputed authority
A surrogate decision ordinarily works without judicial approval (§ 35-22-406(g)). Under § 35-22-415, the patient, agent, guardian, surrogate, involved provider or institution, or a listed potential surrogate may petition district court to direct or enjoin a health-care decision or grant other equitable relief.
What trips people up
The family sequence in § 35-22-406(b) is expressly suggested. The patient can designate a surrogate personally, and the provider may require proof of claimed authority under subsection (k). Section 35-22-407(b) also says an agent's decision prevails over a guardian's unless a court orders otherwise.
Common questions
Can a friend make the decision?
Yes, after the unavailable people described in § 35-22-406(b), if an adult friend has shown special care and concern, knows the patient's values and is reasonably available (§ 35-22-406(c)).
What happens when siblings disagree?
If several same-class members assume authority and tell the provider differing views, the provider follows the majority of those who communicated their views (§ 35-22-406(e)). The court-relief route in § 35-22-415 remains available for a dispute.
Statutes and sources
- Wyo. Stat. § 35-22-402 — official title PDF (accessed 2026-10-08).
- Wyo. Stat. § 35-22-406 — official title PDF (accessed 2026-10-08).
- Wyo. Stat. § 35-22-407 — official title PDF (accessed 2026-10-08).
- Wyo. Stat. § 35-22-412 — official title PDF (accessed 2026-10-08).
- Wyo. Stat. § 35-22-414 — official title PDF (accessed 2026-10-08).
- Wyo. Stat. § 35-22-415 — official title PDF (accessed 2026-10-08).
Source links
Every statute quoted above, linked, with the date we checked it.
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