Ending Guardianship in Wyoming: Termination and Restoration of Rights

The Asymmetry Problem

Wyoming has a unique and controversial imbalance in its guardianship laws. To establish a guardianship, the petitioner only needs to prove incapacity by a preponderance of the evidence — a "more likely than not" standard, essentially 51% certainty. Wyoming is the only state that uses this low bar.

To end a guardianship and restore the ward's rights, the standard flips. The ward must prove by clear and convincing evidence that they've regained capacity and the guardianship is no longer necessary. That's roughly a 75% to 80% certainty threshold — substantially harder to meet.

This means it's significantly easier to lose your rights than to get them back.

Who Can Petition for Termination

Wyoming is one of only three states — alongside Connecticut and Iowa — that strictly limits who can petition for the restoration of rights to the individual under guardianship. In most other states, any interested friend, relative, or advocate can file on the ward's behalf.

In Wyoming, the ward must navigate this process themselves or with the assistance of privately retained counsel. This is a significant procedural barrier, especially for individuals whose guardianship means they may have limited access to their own finances to pay for legal help.

How Termination Works

Under W.S. § 3-3-1101, an adult guardianship ceases when the court determines it's no longer necessary. The process typically includes filing a petition for restoration, obtaining updated medical or psychological evaluations showing the individual can manage their affairs independently or with less restrictive support, and appearing at a court hearing.

The petition needs to demonstrate concrete changes since the original guardianship was established. Evidence might include successful completion of independent living programs, improved cognitive function documented by updated evaluations, stable management of daily routines and self-care, or the availability of less restrictive alternatives that weren't in place when the guardianship was established.

Practical Steps

Get a current evaluation. A new clinical assessment from a licensed physician or psychologist documenting the ward's current functional abilities is essential. The evaluation should specifically address the areas of incapacity cited in the original guardianship order and demonstrate improvement or stability that makes the guardianship unnecessary.

Consider a stepdown approach. Rather than seeking full termination immediately, the ward can petition to convert a plenary guardianship to a limited one — removing authority in areas where they've demonstrated competence while maintaining it where support is still needed. This can be strategically easier than asking the court to terminate outright.

Contact the Protection & Advocacy System. Wyoming P&A (7344 Stockman Street, Cheyenne; 307-632-3496 or 800-624-7648) focuses specifically on defending the rights of individuals with disabilities. They can provide guidance and, in some cases, direct advocacy for wards seeking restoration.

Why This Matters Before You File

The difficulty of ending a guardianship is the strongest argument for exhausting alternatives before establishing one. Once the court order is in place, undoing it is a resource-intensive legal process with a high evidentiary bar.

If you're currently evaluating guardianship for a young adult approaching 18, the Wyoming Adult Guardianship & Alternatives Guide walks through every alternative — from supported decision-making to limited powers of attorney — and helps you choose the least restrictive option that still protects your child.

See more Wyoming guides →