Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - GUARDIANS OR CONSERVATORS
3-1-101. Definitions
(a) As used in this title, unless otherwise required by thecontext or unless otherwise defined:
(i) "Ancillary guardian" means a guardian appointedby a court of another state for a ward who is currently a resident of thisstate;
(ii) "Clerk" means clerk of the district court in thecounty in which the matter is pending and includes the clerk of the probatecourt;
(iii) "Conservator" means a person appointed by thecourt to have the custody and control of the property of a ward;
(iv) "Fiduciary" means a guardian or conservator;
(v) "Guardian" means a person who has qualified as aguardian of a minor or incompetent person pursuant to an appointment by thecourt to exercise the powers granted by the court. The term includes aplenary, limited, emergency and standby guardian, but does not include aguardian ad litem;
(vi) "Guardian ad litem" means a person appointed bythe court to represent the best interests of a respondent during the course oflitigation;
(vii) "Guardian of the estate" means"conservator";
(viii) "Guardian of the property" means"conservator";
(ix) "Incompetent person" means an individual who, forreasons other than being a minor, is unable unassisted to properly manage andtake care of himself or his property as a result of the medical conditions ofadvanced age, physical disability, disease, the use of alcohol or controlledsubstances, mental illness, mental deficiency or intellectual disability;
(x) "Limited conservatorship" means a conservatorshipin which the appointment by the court is limited in scope of duties or durationof appointment;
(xi) "Limited guardianship" means a guardianship inwhich the appointment by the court is limited in scope of duties or duration ofappointment;
(xii) "Mentally incompetent person" means an individualwho is unable unassisted to properly manage and take care of himself or hisproperty as the result of mental illness, mental deficiency or intellectualdisability;
(xiii) "Plenary conservatorship" means a conservatorshipin which the appointment by the court carries the full range of dutiesallowable by law;
(xiv) "Plenary guardianship" means a guardianship inwhich the appointment by the court carries the full range of duties allowableby law;
(xv) "Ward" means an individual for whom a guardian orconservator has been appointed by the court or designated under W.S. 3-3-501;
(xvi) "Minor" means an unemancipated individual underthe age of majority as defined by W.S. 14-1-101(a);
(xvii) "Person" means an adult individual, or anonprofit organization with a guardianship program;
(xviii) "Respondent" means an adult or minor individualfor whom a guardianship or conservatorship or other protective order is sought.
3-1-102. Consent to jurisdiction.
Byaccepting appointment, a guardian or conservator submits personally to thejurisdiction of the court in any proceeding relating to the guardianship orconservatorship that may be instituted by any interested person. Notice of anyproceeding shall be delivered to the guardian or conservator or mailed to himby certified mail at his address listed in the court records and to his addressas then known to the petitioner.
3-1-103. Venue.
(a) The venue for a guardianship proceeding is in the placewhere the minor, incompetent person or mental incompetent resides or is present. If a mentally incompetent person is admitted to an institution pursuant toorder of a court of competent jurisdiction, venue is also in the county inwhich that court sits.
(b) The venue for a conservatorship proceeding is in the countywhere the ward resides, whether or not a guardian has been appointed in anotherplace. If the ward does not reside in this state then venue is in any countywhere the ward has property.
3-1-104. Proceedings against persons suspected of concealing ward'sproperty.
Uponcomplaint of a person interested in the estate of the ward, the court may citeany person suspected of concealing, embezzling, converting or conveyingproperty belonging to the ward to appear before the court and answer thecomplaint in the manner provided by the Wyoming Probate Code.
3-1-105. Combining petition for guardian and conservator.
Apetition for the appointment of a guardian and a conservator may be filed andthe cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for theappointment of a conservator. The same person may be appointed to serve asboth guardian and conservator.
3-1-106. Provisions applicable to all fiduciaries shall govern.
Theprovisions of W.S. 2-3-101 through 2-3-614 govern the appointment, qualification,substitution, removal, oath and bond of a guardian, limited guardian andconservator. A guardian or limited guardian shall not be required to give bondunless the court, for good cause, finds that the best interest of the wardrequires a bond. The court shall then fix the terms and conditions of theguardian's bond.
3-1-107. Combination of involuntary, voluntary and standby petitionsand hearings.
If prior to the time of hearing on apetition for the appointment of a guardian under W.S. 3-2-101 or for theappointment of a conservator under W.S. 3-3-101, a petition is filed under theprovisions of W.S. 3-2-105, 3-2-106, 3-2-302, 3-3-106, 3-3-107 or 3-3-301, thecourt shall combine the hearings on the petitions and determine who shall beappointed guardian or conservator.
3-1-108. Guardians ad litem not affected.
(a) The appointment of a guardian or conservator for a warddoes not affect or impair the power of any court to appoint a guardian ad litemto represent the best interests of any minor, incompetent person or mentallyincompetent person interested in any matter.
(b) A guardian ad litem appointed in an action brought underthis title shall report back to the court within thirty (30) days afterappointment as to:
(i) The condition of the proposed ward;
(ii) Recommendations for the court.
(c) The guardian ad litem shall not have the powers of aguardian or conservator nor shall the guardian ad litem act as legal counselfor the proposed ward.
3-1-109. Limitation of action on bond.
Anaction shall not be brought against the sureties on any bond given by aguardian or conservator unless it is commenced within five (5) years from thedischarge or removal of the guardian or conservator, but if, at the time of thedischarge, the person entitled to bring an action is under any legal disabilityto sue, the action may be commenced at any time within five (5) years after thedisability is removed.
3-1-110. Order restricting disclosure.
(a) Upon application, the court may order sealed any portion ofa ward's file containing those matters described in W.S. 16-4-203(b) and (d). Sealed records are available for inspection only under court order.
(b) Nothing in this section is intended to limit the guardian'suse of confidential information in the interests of the ward.
3-1-111. Complaint against guardian or conservator.
(a) Any person having reason to believe that a guardian orconservator is not properly discharging his duties shall report the allegationsand relevant supporting facts in a verified writing to the clerk of thedistrict court that established the guardianship or conservatorship.
(b) The clerk shall immediately send a copy of the complaintreport to the guardian or conservator in the manner provided for service ofprocess under Rule 4(l)(2) of the Wyoming Rules of Civil Procedure.
(c) The guardian or conservator shall have twenty (20) days inwhich to respond to the complaint report.
(d) Upon receipt of the guardian's or conservator's response,or at the expiration of the twenty (20) day response time, whichever occursearlier, the court shall either dismiss the complaint or set the matter forhearing. The court may dismiss the complaint if the complaint report andresponse show there is no basis for the allegations that the guardian orconservator is not properly discharging his duties.
(e) Notice of the hearing shall be sent to the complainant, theguardian or conservator and, when ordered by the court, the ward.
(f) At the conclusion of the hearing, or after determiningthere is no basis for the allegations and no need for a hearing, the courtshall issue findings and enter an appropriate order.
(g) The court may, within its discretion, assess court costsand impose attorneys fees against any party in an action instituted under thissection.
ARTICLE 2 - RIGHTS AND TITLE OF WARD
3-1-201. Effect of appointment of guardian or conservator.
Theappointment of a guardian or conservator does not constitute an adjudicationthat the ward lacks testamentary capacity.
3-1-202. Powers of the ward.
(a) A ward who is a minor or a mentally incompetent person forwhom a conservator has been appointed does not have the power to convey,encumber or dispose of property in any manner, except:
(i) By will if he possesses the requisite testamentarycapacity; or
(ii) As provided by W.S. 2-1-203(a), 13-7-302 and 34.1-4-405.
3-1-203. Title to ward's property.
Titleto all property of the ward remains in the ward and is subject to thepossession of the conservator and to the control of the court for the purposesof administration, sale or other disposition as provided by law.
3-1-204. Conservator's right to possession.
(a) The conservator shall:
(i) Take possession of all the real and personal property ofthe ward;
(ii) Pay out of the ward's estate the taxes assessed against theward's property; and
(iii) Collect the income realized from the ward's property.
(b) The conservator may bring an action to determine title toor to gain possession of the ward's property.
3-1-205. Rights of proposed ward.
(a) The proposed ward of any involuntary petition forguardianship or conservatorship shall have the right to:
(i) Notice of the filing of the petition;
(ii) An opportunity for a hearing;
(iii) Be present at any hearing regarding the proposedguardianship or conservatorship;
(iv) Have a guardian ad litem appointed in accordance with Rule17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointedupon order of the court; and
(v) The least restrictive and most appropriate guardianship orconservatorship suitable to the proposed ward's circumstances.
(b) The rights in subsection (a) of this section may beexercised by the proposed ward, his legal counsel or guardian ad litem.
3-1-206. Rights of ward.
(a) The ward under any guardianship or conservatorship shallhave the right to:
(i) The least restrictive and most appropriate guardianship orconservatorship suitable to the ward's circumstances, subject to the order ofpreference provided by W.S. 3-2-107 and 3-3-105;
(ii) The least restrictive and most appropriate residential,educational and employment environments;
(iii) Freedom from inappropriate physical or chemical restraints;and
(iv) All other rights available to residents of any private orpublic facility to which the ward is admitted or program in which the wardparticipates subject to any order of the court.