Wyoming: Power of Attorney Requirements

The short answer

Wyoming adopted the Uniform Power of Attorney Act effective January 1, 2018,
codified at Wyo. Stat. Title 3, Chapter 9. Under W.S. 3-9-105, a financial
power of attorney is valid once the principal signs it — or, in the
principal's conscious presence, directs someone else to sign — with no
witness required. Notarization is optional for basic validity; it only gives
the signature a presumption of genuineness. Wyoming makes a power of attorney
durable by default (W.S. 3-9-104), so it survives the principal's later
incapacity unless the document says otherwise.

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 The act repealed Wyoming's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 Uniform Power of Attorney Act as codified in the
Wyoming Statutes, and from the general real property recording statutes,
accessed 2026-07-04.

• 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 source text (law.justia.com)
• 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 source text (law.justia.com)
• 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 source text (law.justia.com)
• 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 source text (law.justia.com)
• 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...."
  View source text (law.justia.com)
• 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)