Who Can Be a Guardian in Wyoming: Requirements, Priority, and Responsibilities

Wyoming's Statutory Priority List

When the District Court decides who to appoint as guardian, it doesn't just pick whoever filed the petition. Under W.S. § 3-2-107, the court follows a statutory order of priority:

1. A person nominated by the proposed ward (if they had capacity to make an intelligent choice at the time)
2. The spouse
3. A person nominated in the will of a deceased spouse
4. A parent
5. An adult child
6. A person named in the will of a deceased parent

The court isn't strictly bound by this list. If someone higher on the priority ladder isn't qualified or willing, or if the court determines that a lower-priority person would better serve the ward's interests, the judge has discretion to deviate. The standard is always who is best qualified and willing to serve in the ward's best interest.

What Qualifies — and Disqualifies — a Guardian

Wyoming statutes don't list a rigid set of qualifications the way some professional licensing boards do. But the court evaluates fitness based on several practical factors during the hearing:

Character and relationship. The proposed guardian should have a genuine, established relationship with the ward and no history of abuse, neglect, or exploitation. The Guardian Ad Litem's investigation specifically examines this.

Financial responsibility. For guardians of the person (not conservators), a surety bond generally isn't required unless the court orders one for good cause under W.S. § 3-1-106. Conservators, by contrast, must always post a bond and file a property inventory within 90 days.

Willingness to serve. Being named in the petition doesn't obligate someone to accept the appointment. The guardian must voluntarily take and file a written oath of office to finalize the appointment.

Professional guardians. When no family member is available or suitable, the Wyoming Guardianship Corporation (WGC) — a 501(c)(3) nonprofit — can serve as a professional guardian, conservator, or representative payee. Courts and Adult Protective Services frequently refer cases to the WGC when family options are exhausted.

The Responsibilities Are Substantial

Once appointed, a Wyoming guardian of an adult ward takes on specific statutory duties under W.S. § 3-2-201:

Residence. Determine and facilitate the least restrictive, most appropriate living arrangement for the ward. This doesn't mean choosing where is most convenient for you — it means choosing what maximizes the ward's independence and well-being.

Daily welfare. Facilitate education, social opportunities, and daily activities. The guardian is expected to actively support the ward's quality of life, not just keep them safe.

Medical decisions. Authorize or withhold consent for medical, dental, and professional care. Certain extraordinary procedures — sterilization, psychotropic medication, psychosurgery — require separate court approval under W.S. § 3-2-202 even if you hold plenary guardianship.

Property protection. Take reasonable care of the ward's personal property and initiate protective proceedings if their assets are at risk.

Reporting. File signed, written status reports every six months with the District Court, covering the ward's condition, residence, medical treatment, activities, and all actions taken on their behalf. The initial report is due within six months of appointment, with subsequent reports every six months indefinitely.

Liability and Immunity

Wyoming draws a clear line between volunteer and professional guardians. Under W.S. § 3-2-112, a volunteer guardian who serves without compensation (beyond reimbursement for expenses) has broad civil immunity for acts or omissions unless their conduct rises to willful misconduct or gross negligence.

Professional guardians and entities like the Wyoming Guardianship Corporation don't get this immunity. Concerns about a guardian's or conservator's misconduct, exploitation, or breach of fiduciary duties can be raised through the complaint process in W.S. § 3-1-111. Exploitation allegations can be referred to the Attorney General's office for criminal prosecution.

The Commitment Is Real

Guardianship is not a one-time court appearance. It's an open-ended fiduciary relationship with court supervision, bi-annual reporting, and legal liability. Before volunteering to serve, understand the scope of what you're agreeing to — and consider whether the same goals can be achieved through a Durable Power of Attorney or Advance Health Care Directive, which provide similar authority without the ongoing court obligations.

The Wyoming Adult Guardianship & Alternatives Guide includes a Decision-Support Comparison Planner that helps families evaluate whether guardianship is the right tool and a Guardian Status Report Tracker to stay compliant if it is.

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