How to File for Guardianship in Wyoming

Before You File: Get the Medical Evaluation

Wyoming courts require at least one written clinical evaluation before they'll consider a guardianship petition. Under W.S. § 3-2-106 and § 3-1-106, a licensed physician, psychologist, or qualified mental health professional must document the nature, severity, and extent of the proposed ward's cognitive or functional incapacity.

This evaluation isn't a checkbox — it's the foundation of your case. The report needs to describe what the individual can and cannot do unassisted, not just list diagnoses. Schedule this evaluation with your child's primary care physician or a clinical psychologist before you start the paperwork. Expect to pay $250 to $500 out of pocket, though insurance or Medicaid may cover part of the cost.

Step 1: Obtain the Court Forms

The Wyoming Supreme Court publishes standardized adult guardianship form packets. You can download them for free from the Wyoming Judicial Branch Self-Help Forms portal at wyocourts.gov, or purchase printed packets for $10 at any Clerk of District Court office.

The packet includes the Petition for Appointment of Guardian, the Oath of Guardian, Letters of Guardianship, and the mandatory Guardian's Report template you'll need after appointment.

Step 2: Complete and File the Petition

File your petition with the Clerk of the District Court in the county where the proposed ward resides or is physically present. Under W.S. § 3-2-101(a), the petition must include the proposed ward's name, age, and address; their status as an incompetent person and the specific reasons why; the qualifications of the proposed guardian; and facts showing the appointment serves the ward's best interest.

You must specify whether you're seeking limited or plenary (full) guardianship. Wyoming statute § 3-2-108 directs courts to consider whether less restrictive alternatives can meet the individual's needs, so be prepared to explain why voluntary tools like powers of attorney are insufficient.

The filing fee is $160 across all Wyoming district courts — $110 county fee, $40 Supreme Court automation fee, and $10 indigent civil legal services fee. Some counties add small surcharges; Uinta County, for example, tacks on a voluntary $10 law library fee. If you can't afford the fee, file an Affidavit of Indigency to request a waiver before submitting the petition.

Step 3: Serve Notice

Under W.S. § 3-2-102, written notice must be formally served on the proposed ward, their primary custodian, parents, spouse, adult children, and any known agent under a power of attorney. Service must comply with Rule 4 of the Wyoming Rules of Civil Procedure, which typically means personal service by the county Sheriff.

Budget $50 per person served — that's the standard civil process fee under W.S. § 18-3-608. Some counties charge per individual even when multiple people live at the same address.

Step 4: Work with the Guardian Ad Litem

After filing, the court appoints a Guardian Ad Litem (GAL) — an independent attorney who represents the proposed ward's best interests. The GAL will personally interview the proposed ward, investigate your petition's allegations, review the medical evidence, and file a written report with the court within 30 days.

The GAL is not your child's lawyer. They represent what the court considers best for the ward, which may differ from what the ward wants. Your child can separately retain private counsel to represent their own wishes.

Step 5: Attend the Hearing

The court schedules a formal evidentiary hearing where you present evidence of incapacity and guardian fitness. The proposed ward has a statutory right to be present, testify, present witnesses, and cross-examine evaluators.

Wyoming uses the preponderance of the evidence standard — you need to prove it's more likely than not that the proposed ward is incapacitated and needs a guardian. Bring the medical evaluation, school records, service provider assessments, and any witnesses who can describe specific situations where the individual's incapacity put them at risk.

Step 6: Qualify as Guardian

If the court grants the petition, you'll sign a written Oath of Guardian to finalize the appointment. Guardians are not required to post a surety bond unless the court orders one for good cause. Conservators managing financial estates, however, must post a bond and file an inventory of all property within 90 days.

The Clerk of District Court then issues your Letters of Guardianship — the document that proves your legal authority to act on the ward's behalf.

What Happens After Appointment

Being appointed is the beginning, not the end. Wyoming guardians must file a signed status report with the court every six months — twice the frequency most states require. The first report is due six months after appointment, and every six months after that for the entire duration of the guardianship. Miss a deadline and the court can issue a show-cause contempt order.

For a complete walkthrough of each step — including the alternatives you should evaluate first — the Wyoming Adult Guardianship & Alternatives Guide covers the full process with decision worksheets and reporting templates.

See more Wyoming guides →