Emergency and Temporary Guardianship in Wyoming

When Emergency Guardianship Applies

Standard guardianship takes one to three months. When someone faces immediate danger — an incapacitated adult being financially exploited, a medical crisis requiring consent that nobody is authorized to give, or a vulnerable person in an unsafe living situation — Wyoming provides an accelerated pathway under W.S. § 3-2-106(d).

An emergency guardian can be appointed the same day a petition is filed, but only if the court finds that an emergency exists and no other person has both the authority and willingness to act.

Emergency Guardianship: The 48/72 Hour Framework

Emergency appointments operate under strict time constraints. If the court appoints an emergency guardian without prior notice to the proposed ward or the Guardian Ad Litem, both must be notified within 48 hours. A formal hearing on the emergency appointment must occur within 72 hours of filing.

The authority granted is narrow. Emergency guardians appointed without a full hearing can only make medical and medically related decisions. They cannot execute durable healthcare powers of attorney, create individual instructions, execute a cardiopulmonary resuscitation directive, commit the ward to a mental health facility, or authorize the withdrawal of life-sustaining procedures.

The standard of proof matches regular guardianship — preponderance of the evidence — but the evidentiary showing comes through affidavit or testimony rather than the formal hearing process.

Temporary Guardianship: The 90-Day Limit

Temporary guardianship under W.S. § 3-2-106(a) is a step between emergency and permanent. After a hearing, the court can appoint a temporary guardian for up to 90 days, subject to conditions the court prescribes. With a showing of good cause, the court can extend the temporary order for one additional 90-day period.

At the end of the temporary term, the family must either convert to a permanent guardianship through the standard petition process or let the appointment expire. A temporary guardianship cannot simply roll over indefinitely.

Temporary orders can be broader in scope than emergency ones. The court can authorize the same range of personal decisions available under a standard guardianship, tailored to the situation.

Cost and Process

The filing fee is the same $160 charged for any District Court guardianship petition. Sheriff service fees ($50 per person) still apply. If a party entitled to notice cannot be located after diligent search, the petitioner must file a motion and affidavit to allow service by publication.

Attorney involvement is strongly recommended for emergency filings. Courts move fast, and a self-represented parent drafting emergency motions under time pressure risks procedural errors that delay the very appointment they're rushing to obtain.

Before Filing an Emergency Petition

Emergency guardianship is a response to an active crisis, not a way to skip the regular timeline. Courts scrutinize whether the situation truly constitutes an emergency — a parent who is simply anxious about their child's upcoming 18th birthday does not qualify.

If the urgency is medical, check whether Wyoming's surrogate consent statute (W.S. § 35-22-406) already covers you. Parents are third in the statutory hierarchy for surrogate medical decisions — behind spouses and adult children — meaning a hospital can legally accept your consent for medical treatment without any court appointment.

If the urgency is financial, a Representative Payee designation through the Social Security Administration handles government benefits immediately. Joint bank accounts can address day-to-day banking without court involvement.

For families planning ahead rather than responding to a crisis, the Wyoming Adult Guardianship & Alternatives Guide covers the full spectrum of options, including voluntary tools that avoid court involvement entirely.

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