Power of Attorney Acceptance and Refusal Rules in Wyoming

At a glance

Requirements one by one

Covered power and response

The Act excludes health-care powers, entity voting delegations, government-purpose forms and powers coupled with an interest (§ 3-9-103). For the response provisions, “acknowledged” means purportedly verified before a notary or another authorized acknowledger (§ 3-9-119(e)(i)). Subject to § 3-9-120(b), a person must accept the presented power or request permitted material no later than 7 business days after presentation (§ 3-9-120(a)(i)).

Supporting requests and later response

Wyoming permits an agent’s certification under penalty of perjury or an English translation when the power contains another language; both are at the principal’s expense (§ 3-9-119(c)–(d)). Section 3-9-119(c) does not list a counsel-opinion request. Acceptance generally follows within 5 business days after the certification or translation arrives, subject to the refusal grounds (§ 3-9-120(a)(ii), (b)).

Refusal and remedy

Exceptions include a transaction the person need not make with the principal, federal-law inconsistency, actual knowledge of termination, refused proof, a good-faith concern about validity or authority, and a specified protective-agency report (§ 3-9-120(b)). A person refusing in violation of the section is subject to an acceptance order and reasonable attorney’s fees and costs in the specified proceeding (§ 3-9-120(c)).

What trips people up

A recipient may not demand an additional or different form for authority already granted (§ 3-9-120(a)(iii)). Inconsistent other law applicable to a financial institution or entity controls (§ 3-9-122).

Common questions

Must a refusal be explained in writing? Section 3-9-120 states no general written-rejection notice.

Can the recipient require a legal opinion under § 3-9-119(c)? That subsection lists only certification and translation as requests on which the recipient may rely without further investigation.

Statutes and sources

Current Wyoming Legislature Title 3, accessed October 4, 2026.

Wyo. Stat. § 3-9-103. “3-9-103. Applicability. (a) This act applies to all powers of attorney except: (i) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (ii) A power to make health care decisions; (iii) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (iv) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.” Official title PDF (accessed October 4, 2026).

Wyo. Stat. § 3-9-119. “3-9-119. Acceptance of and reliance upon acknowledged power of attorney. (a) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under W.S. 3-9-105 that the signature is genuine. (b) A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and improperly exercised the authority. (c) A person that is asked to accept an acknowledged power of attorney may request and rely upon without further investigation an: (i) Agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney; (ii) English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English. (d) A certification or translation requested under this section shall be provided at the principal's expense. (e) For purposes of this section and W.S. 3-9-120: (i) "Acknowledged" means purportedly verified before a notary public or other person authorized to take acknowledgements; (ii) A person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, principal or agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official title PDF (accessed October 4, 2026).

Wyo. Stat. § 3-9-120. “3-9-120. Liability for refusal to accept acknowledged power of attorney. (a) Except as otherwise provided in subsection (b) of this section, a person that is asked to accept an acknowledged power of attorney shall: (i) Accept the acknowledged power of attorney or request a certification or translation under W.S. 3-9-119(c) not later than seven (7) business days after presentation of the power of attorney for acceptance; (ii) If the person requests a certification or translation under W.S. 3-9-119(c), accept the power of attorney not later than five (5) business days after receipt of the certification or translation; and (iii) Not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (b) A person may refuse an acknowledged power of attorney if: (i) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (ii) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (iii) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (iv) A request for a certification or translation under W.S. 3-9-119(c) is refused; (v) The person in good faith believes the power is not valid or the agent does not have the authority to perform the act requested whether or not a certification or translation under W.S. 3-9-119(c) has been requested or provided; or (vi) The person makes, or has actual knowledge that another person has made, a report to a governmental agency having authority to protect the welfare of the principal stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent. (c) A person who refuses to accept an acknowledged power of attorney in violation of this section is subject to the following: (i) A court order mandating acceptance of the power of attorney; (ii) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official title PDF (accessed October 4, 2026).

Wyo. Stat. § 3-9-122. “3-9-122. Laws applicable to financial institutions and entities. This act does not supersede any other law applicable to financial institutions or other entities. The other law controls if inconsistent with this act.” Official title PDF (accessed October 4, 2026).