Wyoming

I. Designation of Standby Guardian
II. Agreement of the Non-Custodial Parent
III. Role of the Standby Guardian
IV. Court Process


I. Designation of Standby Guardian

Wyoming guardian laws are brief and simple. A parent is permitted to petition the court to appoint a standby guardian. [Probate 3-2-108 on guardianships, referring for process to 3-3-301 on conservatorships] The only document to which the laws refer is the petition to the court, so it, in effect, becomes the designating document. [Probate 3-3-302.] A guardian petition must contain facts that show it would be in the best interests of the child to have a guardian. [Probate 3-2-101] A parent could fit her description of plans for the child within that "best interests" context.

In Wyoming a parent is not limited to a few triggering events to activate the guardianship. The law says only "Any adult who is of sound mind may execute a petition for the voluntary appointment" of a guardian for his child "upon the express condition that the petition shall be acted upon by the court only upon the occurrence of a specified event or on the existence of a described condition of the mental or physical health of the petitioner. The occurrence of the specified event or the existence of the described condition shall be established in the manner directed in the petition." [Probate 3-3-301 as referred to in 3-2-108] Thus, the parent is free to decide how the guardianship should commence, and how it should be proved.

Wyoming laws do not include the concept of concurrent decision-making. Perhaps that idea could be introduced by the parent in the "best interests" section of the petition; a judge might approve it. The petition may be revoked any time before the guardian is appointed. [Probate 3-3-304]




II. Agreement of the Non-Custodial Parent

Notice that the petition for appointment of a standby guardian has been filed in court is to be served on parents "who are known or who can be known with due diligence." [Probate 3-2-102] Wyoming Rules of Civil Procedure set the process for serving notice. Notice provides a non-custodial parent with the opportunity to appear in court and agree or object to the guardianship.




III. Role of the Standby Guardian

No special duties for the standby guardian are described, such as gathering evidence of the triggering event or asking the court for confirmation. Nevertheless, some duties can be implied. For example, the law states that the court is to act on the petition once the specified event occurs. [Probate 3-3-301] It may well have to be the standby guardian who informs the court that the event has occurred. This would be particularly true if the petition had been deposited with him. [Probate 3-3-303; 3-3-305] The law also states that the petition itself will describe how that triggering event will be established. Again, it may well be the standby guardian who holds the petition who must gather evidence such as physician's statements.

Once appointed, the standby guardian has general guardianship powers, unless these have been limited by the court. Duties include providing for the child's education and social activities, authorizing care, treatment and advice, and taking reasonable care of the child's personal property. In broad terms "the guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his unemancipated minor child." [Probate 3-1-201]




IV. Court Process

A standby guardianship in Wyoming follows the process laid out for standby conservatorships over property. Reading the guardianship and conservatorship statutes together, as we are asked to do [Probate 3-2-108], it appears that these are the court steps: (1) the parent drafts a petition that describes why a guardianship is in the child's best interests [Probate 3-2-101], nominates a guardian [Probate 3-3-302] and describes the triggering event and how it will be proved. [Probate 3-3-301]. (2) She then deposits the petition with the standby guardian, and/or perhaps with an attorney or with another responsible person or agency. The law describes the depositary as "any person, firm, bank, or trust company selected by the petitioner." [Probate 3-3-303] When the triggering event occurs, the standby guardian, or some other responsible person who has a copy of the petition, files it with the court along with confirming evidence. [Probate 3-3-301; 305] Notices then are sent to parents and other persons named in the petition [Probate 3-2-102] and a hearing is held. A "preponderance of the evidence" shows that the guardianship is in the child's best interests, the standby guardian will be appointed. [Probate 3-2-104] No further court action is described.

		Wyoming Statutes (1985 & Supp. 1995) Probate Chapter 2: Guardianships Articles 1 (Appointment of Guardian; 2 (Powers of Guardians); and 3 (Standby Conservatorships) Sections: Probate 3-2-101; 102; -104; -108; -201; 3-3-301; -302; -303; -304; -305

Source: Standby Guardian Laws. A Guide for Legislators, Lawyers, and Child Welfare Professionals, The American Bar Association, Center on Children and the Law and Circle Solutions. This document can be downloaded on the Resources page.