DURABLE FINANCIAL POWER OF ATTORNEY

(Wyoming – Wyo. Stat. Ann. § 3-9-101 et seq.)

[// GUIDANCE: This template is drafted to comply with the Wyoming Uniform Power of Attorney Act (“WUPOAA”), Wyo. Stat. Ann. § 3-9-101 et seq. Edit bracketed items, delete guidance, and confirm all execution formalities prior to use.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Appointment & Effectiveness
   3.2 Grant of General Authority
   3.3 Grant of Specific Authority
   3.4 Durable Nature; Term
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Agent’s Acknowledgment & Acceptance

1. DOCUMENT HEADER

THIS DURABLE FINANCIAL POWER OF ATTORNEY (this “Power”) is executed as of [DATE] (the “Effective Date”), by and between:

• [PRINCIPAL NAME], residing at [ADDRESS] (“Principal”); and
• [AGENT NAME], residing at [ADDRESS] (“Agent”).

Recitals
A. Principal desires to appoint Agent to manage Principal’s property and financial affairs pursuant to the WUPOAA;
B. Principal intends that this Power be durable, surviving Principal’s incapacity; and
C. Consideration for this Power is the mutual promises herein and other adequate consideration.

2. DEFINITIONS

For purposes of this Power, capitalized terms shall have the following meanings:

“Act” – the Wyoming Uniform Power of Attorney Act, Wyo. Stat. Ann. § 3-9-101 et seq.
“Assets Under Management” – all property subject to Agent’s control pursuant to Section 3.
“Durable” – having effect notwithstanding Principal’s incapacity (Act § 3-9-102(a)(ii)).
“Fiduciary Duties” – duties of loyalty, care, record-keeping, information and prudent management imposed by Act § 3-9-114.
“Incapacity” – as defined in Act § 3-9-102(a)(iii).
“Successor Agent” – any person designated in Section 3.1(d).
[ADD additional defined terms as needed.]

3. OPERATIVE PROVISIONS

3.1 Appointment & Effectiveness

a. Appointment. Principal hereby appoints Agent as Principal’s true and lawful attorney-in-fact to act for Principal as provided herein.
b. Durable Nature. This Power is DURABLE pursuant to Act § 3-9-104.
c. Immediate Effectiveness ☐ / Springing Effectiveness ☐.
i. Immediate: This Power becomes effective on the Effective Date.
ii. Springing: This Power becomes effective upon the certification of Incapacity by (1) [PHYSICIAN], or (2) [a majority of Principal’s adult children], delivered to Agent.
d. Successor Agents. If the Agent resigns, dies, becomes incapacitated, or is otherwise unwilling or unable to serve, then [SUCCESSOR AGENT NAME] shall serve as Successor Agent.

[// GUIDANCE: Delete either 3.1(c)(i) or (ii) and customize triggers.]

3.2 Grant of General Authority

Subject to the limitations of Section 3.3, Agent is granted authority with respect to each of the following subject matters as enumerated in Act § 3-9-204:
1. Real property;
2. Tangible personal property;
3. Stocks and bonds;
4. Banking and other financial institutions;
5. Operation of entity or business;
6. Insurance and annuities;
7. Estates, trusts, and other beneficial interests;
8. Claims and litigation;
9. Personal and family maintenance;
10. Benefits from governmental programs;
11. Retirement plans;
12. Taxes.

3.3 Grant of Specific Authority (Act § 3-9-201(b))

Agent may exercise the following powers ONLY if expressly authorized below. Principal hereby:
a. ☐ Authorizes Agent to create, amend, revoke, or terminate an inter vivos trust.
b. ☐ Authorizes Agent to make gifts as provided in Section 3.3(e).
c. ☐ Authorizes Agent to create or change rights of survivorship.
d. ☐ Authorizes Agent to delegate authority granted herein.
e. Gift Authority Limitation. Gifts in any calendar year shall not exceed the annual federal gift tax exclusion per donee, unless Principal initials here: ______.
f. ☐ Other Special Instructions: [INSERT].

[// GUIDANCE: Check boxes must be selected/initialed by the Principal to be effective.]

3.4 Durable Nature; Term

This Power shall remain in full force until the earliest of:
a. Principal’s death;
b. Principal’s written revocation delivered per Section 9.4;
c. Termination pursuant to court order;
d. Agent’s resignation and failure of any Successor Agent to qualify.

4. REPRESENTATIONS & WARRANTIES

4.1 Principal represents that:
a. Principal is of sound mind and executing this Power voluntarily;
b. All information herein is accurate and complete.

4.2 Agent represents that:
a. Agent is at least 18 years of age and competent to serve;
b. Agent will accept and perform the Fiduciary Duties in accordance with the Act and this Power.

Warranties survive Agent’s resignation, removal, or replacement.

5. COVENANTS & RESTRICTIONS

5.1 Fiduciary Duties. Agent shall:
a. act loyally for the Principal’s benefit;
b. avoid conflicts of interest;
c. keep records of all transactions;
d. cooperate with any person with authority to make health-care decisions for Principal; and
e. preserve Principal’s estate plan if consistent with Principal’s best interest (Act § 3-9-114).

5.2 Record-Keeping. Agent shall maintain full and accurate books and shall deliver an accounting to [PERSON] upon written request, but not more frequently than [FREQUENCY].

5.3 Bond. ☐ Required. ☐ Waived. If required, bond shall be in the amount of $[AMOUNT] in favor of Principal.

5.4 Co-Agent Action. If co-agents are appointed, they shall act: ☐ Jointly ☐ Severally ☐ Majority Rule.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes default:
a. Breach of Fiduciary Duties;
b. Misappropriation or self-dealing;
c. Failure to provide requested accounting within thirty (30) days.

6.2 Notice & Cure. Principal or an interested person under Act § 3-9-116 shall provide written notice specifying the default. Agent has fifteen (15) days to cure unless irreparable harm is present.

6.3 Remedies. Upon default and failure to cure, Principal (or interested person) may:
a. Remove Agent and appoint Successor Agent;
b. Seek injunctive relief or accounting in the District Court sitting in probate;
c. Recover damages, attorneys’ fees, and costs.

7. RISK ALLOCATION

7.1 Indemnification of Third Parties

Principal agrees to indemnify and hold harmless any third party that, without actual knowledge of revocation or termination, relies in good faith on this Power.

7.2 Limitation of Agent Liability

Agent shall not be liable for any loss to the Principal’s estate except for losses resulting from Agent’s breach of Fiduciary Duties, willful misconduct, or gross negligence. Liability shall in no event exceed the Assets Under Management.

7.3 Insurance

Agent may procure fiduciary liability insurance, premiums payable from Principal’s assets.

7.4 Force Majeure

Agent shall not be liable for failure to act during events beyond reasonable control (including natural disasters, war, governmental action, or pandemics) provided Agent acts diligently once the event ceases.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Power and any dispute hereunder shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive venue shall lie in the [COUNTY] District Court, Probate Division, State of Wyoming.

8.3 Limited Arbitration. Any dispute between Principal (or Principal’s estate) and Agent arising solely out of accounting issues valued at less than $50,000 shall be submitted to binding arbitration administered by [ARBITRATION SERVICE] under its expedited rules. All other matters remain in the jurisdiction of the Probate Court.

8.4 Jury Waiver. To the fullest extent permitted by law, the parties waive trial by jury in any court proceeding arising out of this Power. If a general jury waiver is deemed unenforceable, the waiver shall apply only to claims for equitable or injunctive relief.

8.5 Injunctive Relief. Nothing herein shall limit the right of Principal or an interested person to seek injunctive relief to remedy breach of Fiduciary Duties.

9. GENERAL PROVISIONS

9.1 Amendment. Principal may amend this Power only by a written instrument signed with the same formalities as this Power.

9.2 Assignment & Delegation. Agent may not assign or delegate authority except as expressly permitted in Section 3.3(d) or by court order.

9.3 Successors & Assigns. This Power inures to the benefit of and is binding upon the parties’ respective heirs, successors, and permitted assigns.

9.4 Revocation Procedures.
a. Written Revocation. Principal may revoke this Power by executing a written revocation and delivering it to Agent and any known third party relying on this Power.
b. Recording. If this Power has been recorded, revocation shall be recorded in the same office.
c. Notice. Revocation is effective upon receipt; however, third parties without actual notice may rely on this Power until notified.

9.5 Severability. Any invalid provision shall be severed and the remainder enforced.

9.6 Entire Agreement. This Power constitutes the entire agreement with respect to the subject matter and supersedes all prior powers of attorney except [LIST].

9.7 Counterparts; Electronic Signatures. This Power may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Principal has executed this Durable Financial Power of Attorney as of the Effective Date.

PRINCIPAL

[PRINCIPAL NAME]

STATE OF WYOMING )
) ss.
COUNTY OF [COUNTY] )

On this __ day of __, 20____, before me, the undersigned Notary Public, personally appeared [PRINCIPAL NAME], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My commission expires: ___

[Optional Witness Lines—Not required by Act but recommended for defensive drafting]

1. Witness: ____ Address: ______
2. Witness: ____ Address: ______

11. AGENT’S ACKNOWLEDGMENT & ACCEPTANCE

I, [AGENT NAME], have read the foregoing Durable Financial Power of Attorney and accept appointment as Agent. I understand and will act in accordance with my Fiduciary Duties and all applicable provisions of the Wyoming Uniform Power of Attorney Act.

[AGENT NAME], Agent Date: _____

[Include identical acknowledgment for each Successor Agent.]

[// GUIDANCE:
1. Recording. Powers affecting real property should be notarized and recorded in the county where the property is located (Act § 3-9-120).
2. Tax Advice. Gift provisions may trigger federal gift-tax issues; obtain tax counsel review.
3. Springing Powers. Verify HIPAA release language if relying on medical determination.
4. Third-Party Reliance Certificate. Provide a certificate pursuant to Act § 3-9-119 when banks or brokers request proof of authority.
5. Digital Assets. Add specific authority under the Revised Uniform Fiduciary Access to Digital Assets Act (Wyo. Stat. Ann. § 2-28-101 et seq.) if needed.
]