A guardianship in Wyoming allows one or more persons to act as the guardian of a minor child or an incapacitated adult. A guardianship can only be created by order of the Court.
Types of Guardianships
There are a few different types of guardianships. Each type is appropriate in certain circumstances. Some are easier to obtain than others, and some are easier to terminate than others.
Involuntary Guardianship
This form of guardianship is usually used when a person cannot take care of themselves without assistance, and they are also unable understand their need for a guardian.
It is commonly granted in cases where a person suffers from developmental disabilities. It can also be used in cases where a person suffers from a mental illness that prevents them from managing their day-to-day affairs.
An involuntary guardianship is needed when a person is very vulnerable to exploitation by others, and a guardian is needed to protect them.
Finally, an involuntary guardianship for minor children is used when parents are unwilling or unable to care for their children.
Voluntary guardianship
Sometimes people want to have a guardian to help them with their day-to-day needs. These people are competent and capable of making appropriate decisions for themselves, but they want some help.
Perhaps they are going through some difficult times, or they might be getting old. They may have illnesses that require lots of trips to the doctor. They may need lots of in home care.
All these things are just to overwhelming for them, and they would rather have some trusted guardian making these arrangements for them.
A voluntary guardianship is easy to obtain, and it is also easy to terminate.
Standby guardianship
A standby guardianship can be used when a person is facing a major illness, risky surgery, or the onset of dementia. It is a planning tool.
Basically, the guardianship is created, but the guardian is standing by. The guardian