Supported Decision Making in Wyoming: What Families Need to Know

Wyoming's SDM Gap

At least 20 states have enacted comprehensive Supported Decision-Making laws that formally recognize SDM agreements across healthcare, financial, and educational domains. Wyoming is not one of them.

Wyoming's statutory recognition of supported decision-making is narrow — limited to two areas. Under W.S. § 35-5-301, SDM is recognized as an "auxiliary aid and service" specifically for preventing discrimination in organ transplantation decisions. Under the Uniform Health-Care Decisions Act, SDM serves as a reasonable accommodation to help individuals understand and communicate healthcare choices, preserving their capacity to make or revoke medical instructions.

Neighboring states like Utah, Colorado, and Kansas have fully codified SDM frameworks with standardized agreement forms and mandated third-party acceptance. Wyoming families don't have that infrastructure.

What SDM Actually Looks Like

Supported decision-making is the idea that a person with a disability retains their own authority but works with trusted supporters — family members, friends, professionals — who help them understand options, process information, and communicate choices. The individual makes the decision. The supporters help them get there.

An SDM agreement is a written document that names the individual's chosen supporters and specifies what kind of help each provides. It might say that a parent helps interpret medical documents, a sibling helps review financial statements, and a vocational counselor helps with employment decisions.

The core difference between SDM and guardianship: under SDM, the individual is the decision-maker. Under guardianship, the guardian is.

Building a Functional SDM Framework in Wyoming

The absence of a formal SDM statute doesn't mean families are stuck choosing between total independence and court-ordered guardianship. Wyoming's existing legal tools can be combined to achieve the same practical results.

Step 1: Write a Supported Decision-Making Agreement. Even without a statutory mandate, a written SDM agreement serves as a clear expression of the individual's self-determination. It documents who helps with what and shows any institution — bank, hospital, school — that the individual is making informed choices with structured support. Template agreements from the National Resource Center for Supported Decision-Making are adaptable to Wyoming.

Step 2: Back It Up with Statutory Tools. Because third parties aren't legally required to accept a standalone SDM agreement in Wyoming, pair it with documents that carry legal force:

• A Durable Financial Power of Attorney (W.S. § 3-9-101) that gives the named agent authority to act in financial matters, subject to the institution's acceptance procedures
• An Advance Health Care Directive (W.S. § 35-22-403) that names a healthcare agent to make decisions when the principal cannot
• A signed HIPAA Authorization for medical information sharing
• A FERPA Consent for educational records

This combination creates what disability advocates call a "Virtual SDM" — a framework that preserves the individual's decision-making authority while ensuring supporters have the legal backing to assist when needed.

Step 3: Distribute Copies. Provide copies of the SDM agreement and all supporting documents to every institution the individual interacts with — their bank, primary care provider, specialist clinics, school district, and any residential or vocational programs. Proactive distribution prevents situations where a parent shows up in an emergency and gets turned away because nobody has the documents on file.

When SDM Isn't Sufficient

SDM works when the individual can participate meaningfully in decisions with support. It doesn't work when someone's cognitive impairment is so severe that they cannot engage with the process at all — when supporters aren't helping them decide but making decisions for them. That crosses into guardianship territory.

SDM also can't protect against exploitation. If an individual can be manipulated into signing conflicting documents, revoking their own protections, or handing over assets to bad actors, voluntary agreements don't have the legal enforcement mechanisms to stop it.

For families weighing SDM against other options, the Wyoming Adult Guardianship & Alternatives Guide includes a capacity assessment worksheet and a decision-support comparison planner that maps each area of need to the right level of legal structure.

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