Adult Guardianship / Conservatorship Petition Packet - Wyoming

WYOMING GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Relief Selected

☐ Guardianship of the Person (Wyo. Stat. ch. 2) — proposed ward (incompetent person) needs assistance with personal care, residence, and medical decisions
☐ Conservatorship (Wyo. Stat. ch. 3) — proposed ward needs custody and control of property/estate
☐ Both guardianship and conservatorship
☐ Plenary (full range of duties) OR ☐ Limited (limited in scope of duties or duration) (§ 3-1-101(a)(x),(xi),(xiii),(xiv))
☐ Temporary / emergency guardian (adult ward: generally ≤ 90 days; § 3-2-106)

0.2 Less Restrictive Alternatives Reviewed

☐ Durable power of attorney for finances reviewed and found insufficient
☐ Health care power of attorney / advance directive reviewed and found insufficient
☐ Representative payee (Social Security / VA) considered
☐ Supported decision-making arrangement considered
☐ Special needs / supplemental needs trust considered
☐ Conclusion: less restrictive alternatives are insufficient because [________________________________]

0.3 Pre-Filing Diligence

☐ Proposed ward meets the definition of "incompetent person" (§ 3-1-101(a)(ix)) or "mentally incompetent person" (§ 3-1-101(a)(xii))
☐ Adult jurisdiction established under Wyo. Stat. tit. 3, ch. 8; required residence/presence allegation, county venue, and district-court clerk separately confirmed
☐ Guardian ad litem anticipated (§ 3-2-106; § 3-1-101(a)(vi))
☐ Medical/physician documentation of incompetency obtained
☐ Estimated estate value compiled for conservatorship petition (§ 3-3-101(a)(vii))
☐ Bond plan prepared for conservator (Wyo. Stat. ch. 3)

PART 1 — PETITION FOR APPOINTMENT OF GUARDIAN (§ 3-2-101) AND/OR CONSERVATOR (§ 3-3-101)

IN THE DISTRICT COURT OF THE [____________________________] JUDICIAL DISTRICT
STATE OF WYOMING, COUNTY OF [____________________________]

1. PETITIONER AND INTEREST (§ 3-2-101(a)(vii); § 3-3-101(a)(ix))

Petitioner is [FULL NAME OF PETITIONER], of [________________________________]. The interests of the petitioner are: [________________________________]

2. PROPOSED WARD (§ 3-2-101(a)(i); § 3-3-101(a)(i))

3. STATUS AND REASONS (§ 3-2-101(a)(ii); § 3-3-101(a)(ii))

The status of the proposed ward and the reasons for the petition:

☐ Incompetent person (§ 3-1-101(a)(ix)) — unable unassisted to properly manage and take care of himself or his property as a result of: ☐ advanced age ☐ physical disability ☐ disease ☐ use of alcohol or controlled substances ☐ mental illness ☐ mental deficiency ☐ intellectual disability
☐ Mentally incompetent person (§ 3-1-101(a)(xii)) — unable unassisted to properly manage himself or his property as a result of mental illness, mental deficiency, or intellectual disability

Reasons / supporting facts: [________________________________]
[________________________________]

4. CARE / CUSTODY (§ 3-2-101(a)(vi); § 3-3-101(a)(iv))

Name and address of the person or facility/institution having the care, custody, or control of the proposed ward: [________________________________]

5. BEST INTEREST AND JURISDICTION (§ 3-2-101(a)(iv),(v); § 3-3-101(a)(v),(vi))

☐ The best interest of the proposed ward requires the appointment of a ☐ guardian ☐ conservator in Wyoming.
☐ For an adult matter, jurisdiction is established under Wyo. Stat. tit. 3, ch. 8: [section, facts, and supporting documents]
☐ The petition separately states the proposed ward's residence in or presence in this county as required by § 3-2-101(a)(iv): [________________]

6. PROPOSED GUARDIAN / CONSERVATOR (§ 3-2-101(a)(iii); § 3-3-101(a)(iii))

7. ESTATE (CONSERVATORSHIP ONLY — § 3-3-101(a)(vii),(viii))

8. SCOPE OF APPOINTMENT

☐ Plenary guardianship/conservatorship (full range of duties)
☐ Limited guardianship/conservatorship — scope of duties or duration limited as follows: [________________________________]

9. RELIEF REQUESTED

WHEREFORE, Petitioner requests that the Court:

1. Direct service of notice of filing as required by §§ 3-2-102 and 3-3-102; set the petition for hearing under §§ 3-2-103, 3-3-103, and 3-1-205(a)(ii); and appoint a guardian ad litem in accordance with § 3-1-205(a)(iv) and Rule 17(c), W.R.C.P. (mandatory immediately upon receipt of an emergency petition under § 3-2-106(d));
2. Find the proposed ward to be an incompetent person whose best interest requires the appointment;
3. Appoint [NAME] as ☐ guardian ☐ conservator ☐ both, plenary or limited as the Court finds appropriate;
4. Fix bond for the conservator (Wyo. Stat. ch. 3); and
5. Grant such other relief as is just.

PART 2 — GUARDIAN AD LITEM AND EMERGENCY APPOINTMENT (§ 3-2-106)

☐ The Court may appoint a guardian ad litem to represent the best interests of the proposed ward during the proceeding (§ 3-1-101(a)(vi)).
☐ Emergency guardianship (§ 3-2-106(d)): If compliance with normal procedures would likely result in substantial harm to the proposed ward's health, safety, or welfare, and no other person appears to have authority and willingness to act, the Court may appoint an emergency guardian. Immediately upon receipt of the petition for an emergency guardianship, the Court shall appoint a guardian ad litem to represent the proposed ward's best interests.
☐ Temporary guardianship (§ 3-2-106(a),(b)): An order appointing a temporary guardian of an adult ward is limited to not more than ninety (90) days (with one possible 90-day extension or conversion to permanent guardianship/conservatorship), absent good cause.

PART 3 — NOTICE OF FILING AND HEARING INFORMATION (§§ 3-2-102, 3-3-102; § 3-1-205)

NOTICE OF FILING OF PETITION AND HEARING INFORMATION

TO: [NAME OF PROPOSED WARD]; the proposed ward's custodian; the proposed guardian and/or conservator; the proposed ward's parents, known agent or fiduciary under a power of attorney, spouse, and known or reasonably discoverable adult children; and any other person the Court orders served.

NOTICE IS GIVEN that a Verified Petition has been filed with the Clerk of the District Court, County of [____________________________], and will be heard on:

The proposed ward has an opportunity for a hearing and the right to be present. Any response, objection, or jury demand must follow the Wyoming Rules of Civil Procedure and the Court's orders.

PART 4 — RIGHTS OF THE PROPOSED WARD / RESPONDENT

• The right to notice of the filing of an involuntary petition (§§ 3-2-102, 3-3-102).
• The right to an opportunity for a hearing and to be present at any hearing (§ 3-1-205(a)(ii)-(iii)).
• The right to a guardian ad litem under Rule 17(c), W.R.C.P., and to have counsel appointed upon order of the Court (§ 3-1-205(a)(iv)); an emergency petition requires immediate GAL appointment (§ 3-2-106(d)).
• The proposed ward, petitioner, or custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure (§§ 3-2-103, 3-3-103).
• The right to require proof that the proposed ward is an incompetent person and that appointment is in the proposed ward's best interest.
• The right to the least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances (§ 3-1-205(a)(v)).
• The right to a bonded conservator and an accounting of the estate (Wyo. Stat. ch. 3).
• The right to seek modification, restoration of capacity, or termination.

PART 5 — MEDICAL / EXAMINATION REPORT (PLACEHOLDER)

PHYSICIAN'S / EXAMINER'S REPORT REGARDING INCOMPETENCY

PART 6 — BOND (CONSERVATORSHIP)

☐ Bond fixed at $[____________] for the conservator
☐ Bond waived because [________________________________]
☐ Assets to be placed in a restricted/blocked account; receipts to be filed

PART 7 — PROPOSED ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came before the Court on the Verified Petition, after notice and hearing. The Court FINDS:

1. ☐ Notice of filing has been served as required by law (§§ 3-2-102, 3-3-102).
2. ☐ The petition's allegations concerning the proposed ward's status and the necessity for appointment have been proved by a preponderance of the evidence (§§ 3-2-104(a), 3-3-104(a)).
3. ☐ The best interest of the proposed ward requires the appointment of a guardian and/or conservator in Wyoming.
4. ☐ The appointment is plenary / limited as set forth below, and is no broader than necessary.
5. ☐ The proposed guardian/conservator is a fit and proper, qualified person.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian of the Person ☐ Conservator (of the estate/property) ☐ Both of [WARD NAME].
• The appointment is ☐ plenary ☐ limited; scope/duration: [________________________________]
• The conservator shall file a bond in the amount of $[____________] OR ☐ bond waived.
• Letters of guardianship/conservatorship shall issue upon qualification.
• The fiduciary shall file inventories, reports, and accountings as required by Wyo. Stat. tit. 3.

Dated: [__/__/____] [____________________________]
District Court Judge

PART 8 — VERIFICATION AND NOTARIZATION

VERIFICATION

State of Wyoming, County of [____________________________]

I, [PETITIONER NAME], being first duly sworn, depose and state that I am the Petitioner, that I have read the foregoing Petition, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

[____________________________]
Petitioner

Subscribed and sworn to before me on [__/__/____].

[____________________________]
Notary Public
My commission expires: [__/__/____]

SOURCES AND REFERENCES

• Wyo. Stat. tit. 3 — Guardian and Ward (full title): https://wyoleg.gov/statutes/compress/title03.pdf
• Wyo. Stat. §§ 3-1-205, 3-2-101 through 3-2-106, and 3-3-101 through 3-3-104 — current official Title 3 compilation: https://wyoleg.gov/statutes/compress/title03.pdf

END OF PACKET