Power of Attorney Requirements in Wyoming

At a glance

Requirements one by one

Governing law

Financial powers of attorney are governed by the Uniform Power of Attorney Act, Wyo. Stat. Title 3, Chapter 9 (W.S. 3-9-101 to 3-9-403), enacted by 2017 Senate File 105 and effective January 1, 2018. The act repealed Wyoming's older provisions specifically addressing durable powers of attorney.

Who must sign

The principal signs the power of attorney, or, "in the principal's conscious presence," directs another individual to sign the principal's name on it (W.S. 3-9-105).

Notarization

Optional for basic validity. Section 3-9-105 states that a signature "is presumed to be genuine if the principal acknowledges the signature before a notary public or other person authorized by law to take acknowledgments" — this is a presumption aid, not a validity requirement.

Witnesses

None required by statute. Section 3-9-105 conditions validity only on the principal's signature.

Statutory form

Yes, but optional. Wyoming publishes a "State of Wyoming Statutory Form Power of Attorney" at W.S. 3-9-301, with a companion optional Agent's Certification form at W.S. 3-9-302. A document that satisfies W.S. 3-9-105 is valid without using it.

Durable by default?

Yes, for documents created on or after January 1, 2018. Section 3-9-104(a) states: "A power of attorney created on or after the effective date of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal." Silence about incapacity means the power of attorney survives it. A power of attorney that existed before that date is durable only if it was durable under the law in effect when it was executed (W.S. 3-9-104(b)).

Springing POA allowed?

Yes. Under W.S. 3-9-109(a), a power of attorney is effective when executed unless the principal states that it becomes effective at a future date or event. The principal may name one or more people to determine in writing that the event occurred (W.S. 3-9-109(b)); if no one is named, or the named person can't or won't decide, a physician or licensed psychologist makes the incapacity determination, or an attorney, judge, or appropriate government official makes it for the alternative "missing, detained, or outside the United States" definition of incapacity (W.S. 3-9-109(c)).

Real estate extras

No mandatory recording requirement for validity. A letter of attorney containing a power to convey land "only when acknowledged by such owner, may be recorded by the county clerk of any county in which the lands...may be situated" (W.S. 34-1-104) — recording is available and, once done, gives the recorded copy the same evidentiary effect as a recorded conveyance. Notarization becomes practically necessary here because acknowledgment is a precondition to recording. If the power of attorney is recorded, a later revocation isn't effective against it unless the revocation is also recorded in the same office (W.S. 34-1-105).

Out-of-state POAs

Yes. A power of attorney executed outside Wyoming is valid in Wyoming if its execution complied with the law of the jurisdiction that determines its meaning and effect, or with certain other statutory requirements including the federal military power-of-attorney statute (W.S. 3-9-106(c)).

What trips people up

• Notarization isn't required, but recording for real estate effectively demands it. A power of attorney used only for banking or personal matters can be perfectly valid on signature alone; one used to convey land needs acknowledgment before the county clerk will record it.
• Documents from before January 1, 2018 follow the old rules. Because W.S. 3-9-104(b) and 3-9-106(b) preserve validity and durability under the law in effect at execution, an older Wyoming power of attorney shouldn't be assumed to meet the current chapter's requirements.
• Recording is optional, not required, even for real estate. W.S. 34-1-104 makes recording available and evidentiarily useful, but nothing in chapter 9 or Title 34 conditions the power of attorney's basic validity on recording it.

Common questions

Do I need a notary for a Wyoming power of attorney? Not for basic validity — W.S. 3-9-105 only requires a signature. Notarization creates a presumption of genuineness and becomes practically necessary if you want to record the document for a real estate transaction.

Does Wyoming require witnesses on a power of attorney? No. Chapter 9 imposes no witness requirement.

Is my Wyoming power of attorney durable automatically? Yes, if it was created on or after January 1, 2018. Under W.S. 3-9-104(a), it's durable unless the document expressly says it terminates on your incapacity.

Will an out-of-state power of attorney work in Wyoming? Yes, if it was validly executed under the law that governs its meaning and effect — usually the state named in the document, or the state of execution — under W.S. 3-9-106(c).

Statutes and sources

All quotations are from the official Wyoming Legislature PDFs for the Uniform Power of Attorney Act and the general real property recording statutes, accessed 2026-08-09.

• W.S. 3-9-104 — "A power of attorney created on or after the effective date of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal." View official text (wyoleg.gov)
• W.S. 3-9-105 — "A power of attorney shall be signed by the principal or in the principal's conscious presence by another person who is directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other person authorized by law to take acknowledgments." View official text (wyoleg.gov)
• W.S. 3-9-106 — "A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with the: (i) Law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to W.S. 3-9-107; or (ii) Requirements of W.S. 19-11-202 or any requirements for a military power of attorney pursuant to 10 U.S.C. section 1044b." View official text (wyoleg.gov)
• W.S. 3-9-109 — "A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency." View official text (wyoleg.gov)
• W.S. 3-9-301 — "A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this act: STATE OF WYOMING STATUTORY FORM POWER OF ATTORNEY...." View official text (wyoleg.gov)
• W.S. 34-1-104 — "Every letter of attorney, or other instrument, containing a power to convey lands as agent or attorney for the owner of such lands...only when acknowledged by such owner, may be recorded by the county clerk of any county in which the lands to which such letter, instrument or contract relates...may be situated...." View official text (wyoleg.gov)
• W.S. 34-1-105 — "No letter of attorney, or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in which the instrument containing the power was recorded." View official text (wyoleg.gov)