(a) As used in this title, unless otherwise required by the context or unless otherwise defined:
(i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward who is currently a resident of this state;
(ii) "Clerk" means clerk of the district court in the county in which the matter is pending and includes the clerk of the probate court;
(iii) "Conservator" means a person appointed by the court to have the custody and control of the property of a ward;
(iv) "Fiduciary" means a guardian or conservator;
(v) "Guardian" means a person who has qualified as a guardian of a minor or incompetent person pursuant to an appointment by the court to exercise the powers granted by the court. The term includes a plenary, limited, emergency and standby guardian, but does not include a guardian ad litem;
(vi) "Guardian ad litem" means a person appointed by the court to represent the best interests of a respondent during the course of litigation;
(vii) "Guardian of the estate" means "conservator";
(viii) "Guardian of the property" means "conservator";
(ix) "Incompetent person" means an individual who, for reasons other than being a minor, is unable unassisted to properly manage and take care of himself or his property as a result of the medical conditions of advanced age, physical disability, disease, the use of alcohol or controlled substances, mental illness, mental deficiency or intellectual disability;
(x) "Limited conservatorship" means a conservatorship in which the appointment by the court is limited in scope of duties or duration of appointment;
(xi) "Limited guardianship" means a guardianship in which the appointment by the court is limited in scope of duties or duration of appointment;
(xii) "Mentally incompetent person" means an individual who is unable unassisted to properly manage and take care of himself or his property as the result of mental illness, mental deficiency or intellectual disability;
(xiii) "Plenary conservatorship" means a conservatorship in which the appointment by the court carries the full range of duties allowable by law;
(xiv) "Plenary guardianship" means a guardianship in which the appointment by the court carries the full range of duties allowable by law;
(xv) "Ward" means an individual for whom a guardian or conservator has been appointed by the court or designated under W.S. 3-3-501;
(xvi) "Minor" means an unemancipated individual under the age of majority as defined by W.S. 14-1-101(a);
(xvii) "Person" means an adult individual, or a nonprofit organization with a guardianship program;
(xviii) "Respondent" means an adult or minor individual for whom a guardianship or conservatorship or other protective order is sought.
(a) Except as provided by subsection (b) of this section, by accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or conservator or mailed to him by certified mail at his address listed in the court records and to his address as then known to the petitioner.
(b) In any matter concerning an adult, the provisions of chapter 8 of this title shall apply and shall supersede the terms of subsection (a) of this section.
(a) The venue for a guardianship proceeding is in the place where the minor, incompetent person or mental incompetent resides or is present. If a mentally incompetent person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
(b) The venue for a conservatorship proceeding is in the county where the ward resides, whether or not a guardian has been appointed in another place. If the ward does not reside in this state then venue is in any county where the ward has property.
3-1-104. Proceedings against persons suspected of concealing ward's property.
Upon complaint of a person interested in the estate of the ward, the court may cite any person suspected of concealing, embezzling, converting or conveying property belonging to the ward to appear before the court and answer the complaint in the manner provided by the Wyoming Probate Code.
3-1-105. Combining petition for guardian and conservator.
A petition for the appointment of a guardian and a conservator may be filed and the cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for the appointment of a conservator. The same person may be appointed to serve as both guardian and conservator.
3-1-106. Provisions applicable to all fiduciaries shall govern.
The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited guardian shall not be required to give bond unless the court, for good cause, finds that the best interest of the ward requires a bond. The court shall then fix the terms and conditions of the guardian's bond.
3-1-107. Combination of involuntary, voluntary and standby petitions and hearings.
If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3-2-101 or for the appointment of a conservator under W.S. 3-3-101, a petition is filed under the provisions of W.S. 3-2-105, 3-2-106, 3-2-302, 3-3-106, 3-3-107 or 3-3-301, the court shall combine the hearings on the petitions and determine who shall be appointed guardian or conservator.
(a) The appointment of a guardian or conservator for a ward does not affect or impair the power of any court to appoint a guardian ad litem to represent the best interests of any minor, incompetent person or mentally incompetent person interested in any matter.
(b) A guardian ad litem appointed in an action brought under this title shall report back to the court within thirty (30) days after appointment as to:
(i) The condition of the proposed ward;
(ii) Recommendations for the court.
(c) The guardian ad litem shall not have the powers of a guardian or conservator nor shall the guardian ad litem act as legal counsel for the proposed ward.
An action shall not be brought against the sureties on any bond given by a guardian or conservator unless it is commenced within five (5) years from the discharge or removal of the guardian or conservator, but if, at the time of the discharge, the person entitled to bring an action is under any legal disability to sue, the action may be commenced at any time within five (5) years after the disability is removed.
(a) Upon application, the court may order sealed any portion of a ward's file containing those matters described in W.S. 16-4-203(b) and (d) and any personally identifiable information, including financial information relating to the ward. Sealed records are available for inspection only under court order.
(b) Nothing in this section is intended to limit the guardian's use of confidential information in the interests of the ward.
3-1-111. Complaint against guardian or conservator.
(a) Any person having reason to believe that a guardian or conservator is not properly discharging his duties shall report the allegations and relevant supporting facts in a verified writing to the clerk of the district court that established the guardianship or conservatorship.
(b) The clerk shall immediately send a copy of the complaint report to the guardian or conservator in the manner provided for service of process under Rule 4(r)(2) of the Wyoming Rules of Civil Procedure.
(c) The guardian or conservator shall have twenty (20) days in which to respond to the complaint report.
(d) Upon receipt of the guardian's or conservator's response, or at the expiration of the twenty (20) day response time, whichever occurs earlier, the court shall either dismiss the complaint or set the matter for hearing. The court may dismiss the complaint if the complaint report and response show there is no basis for the allegations that the guardian or conservator is not properly discharging his duties.
(e) Notice of the hearing shall be sent to the complainant, the guardian or conservator and, when ordered by the court, the ward.
(f) At the conclusion of the hearing, or after determining there is no basis for the allegations and no need for a hearing, the court shall issue findings and enter an appropriate order.
(g) The court may, within its discretion, assess court costs and impose attorneys fees against any party in an action instituted under this section.
(a) A ward who is a minor or a mentally incompetent person for whom a conservator has been appointed does not have the power to convey, encumber or dispose of property in any manner, except:
(i) By will if he possesses the requisite testamentary capacity; or
(ii) As provided by W.S. 2-1-203(a), 13-7-302 and 34.1-4-405.
Title to all property of the ward remains in the ward and is subject to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition as provided by law.
(a) The conservator shall:
(i) Take possession of all the real and personal property of the ward;
(ii) Pay out of the ward's estate the taxes assessed against the ward's property; and
(iii) Collect the income realized from the ward's property.
(b) The conservator may bring an action to determine title to or to gain possession of the ward's property.
(a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to:
(i) Notice of the filing of the petition;
(ii) An opportunity for a hearing;
(iii) Be present at any hearing regarding the proposed guardianship or conservatorship;
(iv) Have a guardian ad litem appointed in accordance with Rule 17(c) of the Wyoming Rules of Civil Procedure, and to have counsel appointed upon order of the court; and
(v) The least restrictive and most appropriate guardianship or conservatorship suitable to the proposed ward's circumstances.
(b) The rights in subsection (a) of this section may be exercised by the proposed ward, his legal counsel or guardian ad litem.
(a) The ward under any guardianship or conservatorship shall have the right to:
(i) The least restrictive and most appropriate guardianship or conservatorship suitable to the ward's circumstances, subject to the order of preference provided by W.S. 3-2-107 and 3-3-105;
(ii) The least restrictive and most appropriate residential, educational and employment environments;
(iii) Freedom from inappropriate physical or chemical restraints; and
(iv) All other rights available to residents of any private or public facility to which the ward is admitted or program in which the ward participates subject to any order of the court.
(a) Any person may file with the clerk a petition for the appointment of a guardian. The petition shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, an incompetent person or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed guardian, and his qualification as a fit and proper person to serve as guardian;
(iv) The residence of the proposed ward in the county or his presence in the county;
(v) The facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state;
(vi) The name and address of the person or facility having the care, custody or control of the proposed ward; and
(vii) The interests of the petitioner.
(b) The district court may transfer jurisdiction of a petition for appointment of a guardian to the juvenile court if the proposed ward is a child who is under the prior and continuing jurisdiction of the juvenile court.
(c) In any matter concerning an adult, the provisions of chapter 8 of this title shall apply for the purposes of establishing jurisdiction over the matter.
3-2-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward, his custodian and the proposed guardian.
(b) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward's parents, agent or fiduciary under a known power of attorney, spouse and adult children who are known or who can be discovered with due diligence, except:
(i) When a petition is filed under W.S. 3-2-108; or
(ii) When for good cause the court determines that no notice is necessary if the proposed ward is under the age of eighteen (18) years.
(c) Notice shall be served on any other person as ordered by the court.
(d) Notice shall be given in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court.
3-2-103. Pleadings and trial; rules of civil procedure.
After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. The petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure.
(a) The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence.
(b) The order appointing a guardian shall state the findings of the court, including:
(i) The reasons why the ward is in need of a guardian;
(ii) The appointment of the guardian;
(iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the guardian.
3-2-105. Appointment of guardian on voluntary petition.
(a) A guardian may be appointed by the court upon the petition of the proposed ward, including a minor who has reached the age of fourteen (14) years, if the court determines that the appointment is in the best interest of the petitioner.
(b) The petition shall state whether a notice of a petition for involuntary guardianship under W.S. 3-2-101 has been served on the proposed ward.
3-2-106. Appointment of a temporary or emergency guardian.
(a) Upon the filing of a petition for a temporary guardian other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after a hearing the court may appoint a temporary guardian subject to any notice and conditions the court prescribes.
(b) Except upon a showing of good cause, an order appointing a temporary guardian of an adult ward shall be limited to not more than ninety (90) days. The court may order an extension of the temporary guardianship for not more than an additional ninety (90) days, or conversion to a guardianship or conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101 through 3-3-106.
(c) Except upon a showing of good cause, an order appointing a temporary guardian of a minor ward shall be limited to not more than one (1) year.
(d) If the court finds that compliance with the procedures specified in this chapter will likely result in substantial harm to the proposed ward's health, safety or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the proposed ward's welfare, may appoint an emergency guardian. Immediately upon receipt of the petition for an emergency guardianship, the court shall appoint a guardian ad litem to represent the proposed ward's best interests in the proceeding. Except as otherwise provided in subsection (e) of this section, reasonable notice of the time and place of a hearing on the petition shall be given to the proposed ward and any other persons as the court directs.
(e) An emergency guardian may be appointed without notice to the proposed ward or the guardian ad litem only if the court finds by a preponderance of the evidence from affidavit or testimony that the proposed ward will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian immediately, without notice to the proposed ward or the guardian ad litem, the proposed ward and guardian ad litem shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authority to make medical and medically related decisions only, except emergency guardians shall not have authority with respect to a person who has been made a ward pursuant to this subsection or subsection (d) of this section to:
(i) Execute a durable power of attorney for healthcare for the ward pursuant to W.S. 35-22-403(b);
(ii) Execute an individual instruction for the ward pursuant to W.S. 35-22-403(a);
(iii) Execute a cardiopulmonary resuscitation directive for the ward pursuant to W.S. 35-22-201 through 35-22-208;
(iv) Commit or admit the ward to a mental health facility; or
(v) Direct the withdrawal of life sustaining procedures being used on the ward.
(f) Appointment of an emergency guardian, with or without notice, is not a determination of the proposed ward's incapacity.
(g) At the seventy-two (72) hour hearing to determine the appropriateness of the appointment of an emergency guardian required by subsection (e) of this section, the court may appoint a temporary guardian pursuant to subsection (a) of this section. The court may remove an emergency guardian at any time.
(h) Except as provided in subsections (d) through (g) of this section, all other provisions of this chapter concerning guardians apply to an emergency guardian.
3-2-107. Who may be appointed as guardian; preference for appointment of guardians.
(a) The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person proposed to act as guardian:
(i) Provides, or is likely to provide during the guardianship period, substantial services to the ward in a professional or business capacity unrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period, a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period, interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified under paragraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent, notwithstanding the provisions of subsection (a) of this section that would otherwise disqualify the person, if the person is the spouse, adult child, parent or sibling of the respondent and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of an incompetent person in the following order:
(i) A person nominated by the respondent if at the time of the nomination the respondent has the capacity to make a reasonably intelligent choice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceased spouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceased parent;
(vii) A relative of the respondent with whom the respondent has resided for more than six (6) months during the year preceding the filing of the petition;
(viii) A relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the best interests of the respondent;
(x) A person with a guardianship program for incompetent persons.
(d) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of a minor in the following order:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of the custodial parent;
(iii) The person requested by a minor who has reached the age of fourteen (14) years;
(iv) Any other person whose appointment would be in the best interests of the minor.
(e) The court shall consider the priorities established in subsections (c) and (d) of this section, but shall not be bound by those priorities. The court shall appoint the person who is best qualified and willing to serve as guardian.
3-2-108. Appointment of guardian on a standby basis.
A petition for the appointment of a guardian of the petitioner on a standby basis may be filed by any person under the same procedure and requirements as provided in W.S. 3-3-301 through 3-3-306 for appointment of a standby conservator, insofar as applicable.
(a) The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as well as providing a description of those actions the guardian has taken on behalf of the ward:
(i) Within six (6) months of the guardian's appointment;
(ii) Every six (6) months following the initial report;
(iii) Within thirty (30) days of his removal or resignation from, or the termination of, the guardianship;
(iv) At other times as the court may order.
(b) The court shall maintain a calendar for the filing of guardianship reports.
(c) If a guardian's report is not timely filed, the court shall enter an order for the guardian to show cause why the guardian should not be held in contempt.
3-2-110. Appointment of department of health or the department of family services as guardian.
(a) The department of health or the department of family services may petition any district court in the state to be appointed guardian of a minor who is in its custody.
(b) If a department in subsection (a) of this section is not the petitioner in a proceeding to appoint a guardian for a ward in its custody, it shall not be appointed guardian unless given prior notice and opportunity for hearing.
(a) The fees of the guardian shall be:
(i) Reasonable and appropriate;
(ii) Set and approved by the court.
(b) The fees of the guardian shall not be approved by the court unless all reports required of the guardian are current.
Any person who is appointed guardian of a ward pursuant to W.S. 3-2-104, who serves in that capacity without compensation other than reimbursement for out-of-pocket expenses associated with the appointment and who carries out the duties of guardian as set forth in W.S. 3-2-201 in good faith and without willful or wanton misconduct or gross negligence, shall be personally immune from civil liability for any act or omission resulting in damage or injury to the ward.
(a) The guardian shall:
(i) Determine and facilitate the least restrictive and most appropriate and available residence for the ward;
(ii) Facilitate the ward's education, social and other activities;
(iii) Subject to the restrictions of W.S. 3-2-202, authorize or expressly withhold authorization of medical or other professional care, treatment or advice;
(iv) Take reasonable care of the ward's personal property;
(v) Commence protective proceedings if necessary to protect the property of the ward;
(vi) Apply to the ward's current needs for support, care and education as much of the money or property paid or delivered to the guardian pursuant to W.S. 3-3-108 as may be appropriate;
(vii) Exercise due care to conserve excess funds for the ward's future needs;
(viii) Pay to the conservator excess funds at least annually;
(ix) Request the court to modify the guardian's range of duties if the changed circumstances of the ward require such modification; and
(x) Following the death of a ward, arrange for the final disposition of the ward's remains according to the ward's expressed wishes if known, if the immediate family is unavailable or unwilling to assume responsibility. For purposes of this paragraph, "immediate family" is defined as parents, spouse, grandparents, siblings and adult children.
(b) The guardian may:
(i) Receive money payable from any conservatorship for the support of the ward;
(ii) Receive money or property of the ward paid or delivered to the guardian pursuant to W.S. 3-3-108;
(iii) Institute proceedings to compel the performance by any person of the duty to support or contribute to the support of the ward;
(iv) Repealed By Laws 1998, ch. 114, § 3.
(v) Repealed By Laws 1998, ch. 114, § 3.
(vi) Consent to the marriage or adoption of the ward.
(c) The guardian is not liable for injury to the ward resulting from the negligence or acts of third persons performed by authority given by the guardian for medical or other professional care, treatment or advice, unless it would have been negligent for a parent to have given that authority.
(d) Funds received by the guardian pursuant to W.S. 3-3-108 shall not be used for compensation for the services of the guardian unless approved as required under W.S. 3-2-111.
(e) 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. A guardian who is not a parent of the minor is not obligated to expend his own funds for the support of the ward. A guardian who is not the parent of a minor is not liable to third persons for acts of the ward by reason of the relationship of guardian and ward.
3-2-202. Powers of the guardian subject to approval of the court.
(a) Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may:
(i) Commit the ward to a mental health hospital or other mental health facility;
(ii) Consent to the following treatments for the ward:
(A) Electroshock therapy;
(B) Psychosurgery;
(C) Sterilization;
(D) Other long-term or permanent contraception.
(iii) Relinquish the ward's minor child for adoption, provided:
(A) Notice of any hearing was given to the ward and the legal or putative father; and
(B) The ward attended the hearing if the court so ordered.
(iv) Execute any appropriate advance medical directives, including durable power of attorney for health care under W.S. 35-22-403(b) and an individual instruction under W.S. 35-22-403(a).
(a) As used in this article:
(i) "Caregiver" means a person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian and a relative of a minor child;
(ii) "Child" means a person under eighteen (18) years of age who is in the primary physical custody of a caregiver;
(iii) "Relative" or "related" means the relationship of parent, stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt.
3-2-302. Appointment of temporary guardian for educational, medical care and dental care purposes.
(a) A caregiver of a child may petition for appointment as a temporary guardian of a child for educational, medical care and dental care purposes. The petition shall be verified by affidavit setting forth:
(i) The petitioner's full name, place of residence, the length of time he has been a resident of the county in which the petition is filed and his Wyoming driver's license or identification card number;
(ii) The qualifications of the proposed guardian as a fit and proper person to serve as guardian;
(iii) The name, birth date and place of birth of the child;
(iv) The physical address of the child for the previous one (1) year preceding the filing of the petition, if known;
(v) The full names of the child's natural parents;
(vi) The last known addresses of the child's natural parents;
(vii) The name and address of the person or facility having the care, custody or control of the child;
(viii) A concise statement of the reason for the desired temporary guardianship for educational, medical care and dental care purposes;
(ix) The facts showing the best interest of the child requires the appointment of a guardian for educational, medical care and dental care purposes in this state; and
(x) A concise statement setting forth the attempts made by the petitioner and whether the petitioner has been able to contact the natural parents or other person having legal custody of the child to advise them of the petitioner's intent to enroll the child in school, to authorize medical or dental care or seek a temporary guardianship for educational, medical care and dental care purposes.
(b) A temporary guardian for educational, medical care and dental care purposes may be appointed through an ex parte temporary guardianship order without notice to the child's natural parents if the court finds by a preponderance of the evidence from the petition and testimony, if any testimony is deemed necessary by the court, that temporary guardianship is in the best interest of the child and not detrimental to the interests of any other person and that no other person appears to have authority and willingness to act in the circumstances. The court shall cause the ex parte temporary guardianship order, together with notice of right to a hearing, to be served on the natural parents of the child pursuant to Rule 4 of the Wyoming Rules of Civil Procedure.
(c) The notice of right to a hearing shall clearly inform the child's natural parents that a temporary guardianship for educational, medical care and dental care purposes has been granted to the petitioner and that the natural parents, individually or jointly, have the right to request a full hearing on the temporary guardianship by filing a written request for hearing with the court. A request for full hearing by a natural parent shall be filed with the court and shall be served on the temporary guardian pursuant to Rule 4 of the Wyoming Rules of Civil Procedure. Upon receipt of a request for hearing, the court shall set the full hearing at its earliest convenience.
(d) Except upon a showing of good cause, an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes shall be limited to not more than one (1) year.
If a child subject to an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes is no longer living in the primary physical custody of the caregiver, the caregiver shall within three (3) business days notify the court in writing of the circumstances regarding the change in the primary physical custody and the court may make any order it deems appropriate.
3-3-101. Petition for involuntary appointment of conservator.
(a) Any person may file with the clerk a petition for the involuntary appointment of a conservator. The petition appointment shall state:
(i) The name, age and address of the proposed ward;
(ii) The status of the proposed ward as a minor, incompetent person or a mentally incompetent person and the reasons for the petition;
(iii) The name and address of the proposed conservator, and his qualification to serve as conservator;
(iv) The name and address of the person or institution having the care, custody or control of the proposed ward;
(v) The fact that the residence of the proposed ward is in the county, or is a nonresident, or that his residence is unknown;
(vi) The fact that the best interest of the proposed ward requires the appointment of a conservator in Wyoming;
(vii) The estimated current value of the real estate, the estimated value of the personal property and the estimated gross annual income of the estate;
(viii) Any money payable or to become payable to the proposed ward from any source; and
(ix) The interests of the petitioner.
3-3-102. Notice; when required; governed by rules of civil procedure.
(a) Notice of filing of a petition for appointment of an involuntary conservator shall be served on the proposed ward, his custodian, the proposed conservator and upon the proposed ward's parents, agent or fiduciary under a known power of attorney, adult children and spouse who are known or who can be discovered with due diligence, except:
(i) When a petition is filed under W.S. 3-2-106, 3-3-107 or 3-3-301; or
(ii) When for good cause the court determines that no notice is necessary when the proposed ward is under the age of eighteen (18) years.
(b) Notice shall be served on any other person as ordered by the court.
(c) Notice shall be given in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court.
3-3-103. Pleadings and trial; rules of civil procedure.
After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure.
(a) The court may appoint a conservator if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by a preponderance of the evidence.
(b) The order appointing a conservator shall state the findings of the court, including:
(i) Reasons why the ward is in need of a conservator;
(ii) Appointment of the conservator;
(iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101;
(iv) The limited or plenary duties of the conservator.
3-3-105. Preference for appointment of conservator of a minor.
(a) The appointment of a qualified and suitable conservator of a minor shall be made in the following order of preference:
(i) The parent or parents of the minor;
(ii) The person nominated as conservator in the will of the custodial parent;
(iii) The person requested by a minor who has reached fourteen (14) years of age;
(iv) Any other person who is willing to serve as conservator.
3-3-106. Appointment of conservator on voluntary petition.
(a) The court may appoint a conservator upon the petition by the proposed ward if:
(i) The petitioner has reached the age of fourteen (14) years; and
(ii) The court determines that the appointment of a conservator is in the best interest of the petitioner.
(b) The petition shall state whether a notice of involuntary petition for the appointment of a conservator has been served on the proposed ward.