VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN
IN THE DISTRICT COURT, PROBATE DIVISION, [COUNTY] COUNTY, STATE OF WYOMING
Case No. [____]
IN THE MATTER OF THE GUARDIANSHIP OF
[WARD NAME], a [Minor / Incapacitated Adult]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Statutory Authority
- Operative Allegations & Requested Guardianship
- Representations & Warranties of Petitioner
- Covenants & Ongoing Duties of Proposed Guardian
- Default, Removal & Remedies
- Risk Allocation, Bond & Indemnification
- Dispute Resolution & Governing Law
- General Provisions
- Prayer for Relief
- Verification, Oath & Signature Block
1. DOCUMENT HEADER
1.1 Petitioner: [PETITIONER NAME], an individual of legal age and residence at [ADDRESS], hereby submits this Verified Petition (“Petition”).
1.2 Ward: [WARD NAME] (“Ward”) is a [minor/incapacitated adult] born on [DOB] and currently residing at [WARD ADDRESS].
1.3 Effective Date: This Petition is deemed filed as of the clerk’s time-stamp date.
1.4 Governing Law & Forum: All matters herein are governed by Title 3 of the Wyoming Statutes, Guardian and Ward (“Wyo. Stat. Ann. tit. 3”), and heard exclusively by the Probate Division of the _ District Court in [County] County, Wyoming.
2. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below.
“Annual Report” – The written report required to be filed each year concerning the Ward’s condition and the status of the guardianship estate, pursuant to Wyo. Stat. Ann. tit. 3.
“Bond” – The surety bond in the penal sum of US $ [BOND_AMOUNT], or such other amount as the Court may order, conditioned upon faithful discharge of fiduciary duties.
“Guardian” – The individual appointed by this Court to exercise the powers and perform the duties set forth in Section 6 below.
“Letters of Guardianship” – The Court-issued credential evidencing the Guardian’s authority.
“Petitioner” – The person requesting appointment as Guardian, identified in Section 1.1.
[Add additional definitions as needed.]
3. JURISDICTION, VENUE & STATUTORY AUTHORITY
3.1 This Court has subject-matter jurisdiction under Wyo. Stat. Ann. §§ 3-1-101 et seq.
3.2 Venue is proper because the Ward resides in [County] County.
3.3 Petitioner seeks appointment pursuant to Wyo. Stat. Ann. tit. 3, ch. [2 or 3] and any other applicable provision.
4. OPERATIVE ALLEGATIONS & REQUESTED GUARDIANSHIP
4.1 Need for Guardianship
(a) The Ward [is under 18 years of age / has been adjudicated incapacitated / is alleged herein to be incapacitated].
(b) Specific facts demonstrating incapacity or minority: [FACTS].
(c) Less-restrictive alternatives have been considered and are inadequate because: [EXPLANATION].
4.2 Scope of Authority Requested
(a) Personal Guardianship ☐
(b) Estate/Property Guardianship ☐
(c) Limited Guardianship (enumerate limited powers) ☐
4.3 Proposed Guardian Qualifications
(a) Age: 18 or older.
(b) Relationship to Ward: [RELATIONSHIP].
(c) Statement of fiduciary capability and absence of disqualifying convictions.
(d) Proposed Guardian is willing and able to post Bond and comply with statutory reporting.
5. REPRESENTATIONS & WARRANTIES OF PETITIONER
5.1 Petitioner is not disqualified under Wyo. Stat. Ann. tit. 3 or any other law.
5.2 All information herein is true, correct and complete to the best of Petitioner’s knowledge.
5.3 Petitioner will immediately disclose any material change in circumstances prior to the hearing.
6. COVENANTS & ONGOING DUTIES OF PROPOSED GUARDIAN
6.1 Fiduciary Duty – Guardian shall act in the Ward’s best interests, exercise reasonable care, and avoid self-dealing.
6.2 Standards of Care – Guardian shall (i) secure adequate housing, education, medical care and support; (ii) promote the Ward’s self-reliance; and (iii) seek Court approval for any action outside the statutory powers of a guardian.
6.3 Reporting Requirements – Guardian shall:
(a) File an Initial Plan within sixty (60) days of appointment.
(b) File an Annual Report on or before each anniversary of appointment.
(c) Provide supplemental reports within thirty (30) days of any material change affecting the Ward or estate.
[// GUIDANCE: Adjust reporting deadlines if Court-specific local rules differ.]
6.4 Record-Keeping – Guardian shall maintain complete financial and medical records for inspection by the Court or interested persons.
6.5 Bond Maintenance – Guardian shall maintain the Bond in full force for the entire term of the guardianship.
7. DEFAULT, REMOVAL & REMEDIES
7.1 Events of Default include: (a) failure to file required reports; (b) misappropriation of assets; (c) breach of fiduciary duty; (d) failure to maintain Bond.
7.2 Upon default, interested persons may petition for (i) accounting, (ii) surcharge, (iii) suspension or removal, (iv) contempt sanctions, and/or (v) any other remedy authorized by law.
7.3 Guardian shall be personally liable for losses proximately caused by breach of duty, subject to the Bond as security.
8. RISK ALLOCATION, BOND & INDEMNIFICATION
8.1 Bond – Petitioner requests that the Court set Bond at US $ [BOND_AMOUNT] and authorize issuance of Letters of Guardianship only upon filing proof of Bond.
8.2 Indemnification – Guardian acknowledges personal fiduciary liability to the Ward and the estate; nothing herein limits statutory remedies against sureties.
8.3 Limitation – Except for willful misconduct or gross negligence, Guardian’s liability shall be capped at the penal sum of the Bond.
9. DISPUTE RESOLUTION & GOVERNING LAW
9.1 All disputes arising out of or related to the guardianship shall be resolved exclusively by the Probate Division of the _ District Court, [County] County, Wyoming.
9.2 No jury trial lies in probate guardianship matters; the Court retains full equitable powers, including issuance of protective orders.
10. GENERAL PROVISIONS
10.1 Amendment – Any amendment to guardianship powers requires prior Court approval.
10.2 Severability – If any provision herein is held unenforceable, the remainder shall remain in full force.
10.3 Integration – This Petition, together with any exhibits and Court orders, constitutes the entire request for guardianship relief.
10.4 Electronic Signatures – Permitted in accordance with Wyo. Stat. Ann. § 40-21-106.
10.5 Notices – All notices shall be served pursuant to W.R.C.P. 4 and applicable probate rules.
[// GUIDANCE: Insert local rule citations if the county probate court has adopted them.]
11. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
A. Adjudge the Ward to be [a minor / an incapacitated person];
B. Appoint [PETITIONER NAME] as Guardian with the powers enumerated herein;
C. Set Bond in the amount of US $ [BOND_AMOUNT];
D. Issue Letters of Guardianship upon filing of the Bond;
E. Order compliance with all reporting requirements under Wyo. Stat. Ann. tit. 3; and
F. Grant such other and further relief as the Court deems just and proper.
12. VERIFICATION, OATH & SIGNATURE BLOCK
I, [PETITIONER NAME], being first duly sworn, depose and say that I am the Petitioner in the above-entitled matter, that I have read the foregoing Petition, know the contents thereof, and that the same is true to the best of my knowledge, information and belief.
Date: [SIGNATURE DATE]
[PETITIONER NAME], Petitioner
State of Wyoming )
County of [COUNTY] ) ss.
Subscribed and sworn before me this ___ day of ____, 20__, by [PETITIONER NAME].
Notary Public
My Commission Expires: ___
[// GUIDANCE: Add additional signature blocks if co-guardians or interested parties are joining.]