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.
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.
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.
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’s powers to act only come into effect if, and when, the ward becomes incapacitated.
This type of guardianship is only granted when a true emergency arises. Situations where a person suffers an injury that causes them to lose their ability to make decisions for themselves.
It is only in effect for a few days, until a more permanent form of guardianship can be established.
A temporary guardianship is just that, temporary. It will automatically expire at the end of one year, unless the Court extends it.
It is used most often for minor children. Sometimes parents experience difficulties in life that prevent them from taking care of their children.
They might have to serve some time in jail. They might need time to recover from an accident or an illness. They might get deployed overseas. In all these cases, children need someone to take care of them until the parent can resume their role as the natural guardian.
Guardianship for education, health and dental care
This type of guardianship is used only for minor children. It is also a temporary guardianship that automatically expires in a year.
This form of guardianship allows the guardian to enroll the child in the guardian’s school district.
It also allows the guardian to take care of the child’s health and dental care needs. Most importantly, with this type of guardianship, it is often possible to add the child to the guardian’s health insurance plan.
How can we help?
- We can consult with you about Wyoming guardianship issues by phone or Skype.
- We can draft or review guardianship papers for courts in all of Wyoming.
- We can represent people in guardianship proceedings in Sweetwater County.
To take the next step, please call (307) 382-5545, or schedule a consultation.
Additional Reading and Resources
Wyoming Guardianship Corporation – A non profit organization that provides staff to serve as guardians, conservators or substitute decision makers for incapacitated persons, when no other appropriate person is willing or able to serve.