§ 35-22-416 — 35-22-403. Advance health care directives

Wyoming § 35-22-416

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 22: LIVING WILL
• Art. 4: WYOMING HEALTH CARE DECISIONS ACT

Text

(a) An adult or emancipated minor may give an individual
instruction. The instruction may be oral or written. The
instruction may be limited to take effect only if a specified
condition arises.
(b) An adult or emancipated minor may execute a power of
attorney for health care, which may authorize the agent to make
any health care decision the principal could have made while
having capacity. The power must be in writing and signed by the
principal or by another person in the principal's presence and
at the principal's expressed direction. The power remains in
effect notwithstanding the principal's later incapacity and may
include individual instructions. Unless related to the principal
by blood, marriage or adoption, an agent may not be an owner,
operator or employee of a residential or community care facility
at which the principal is receiving care. The durable power of
attorney must be acknowledged before a notarial officer or must
be signed by at least two (2) witnesses, each of whom witnessed
either the signing of the instrument by the principal or the
principal's acknowledgement of the signature or of the
instrument, each witness making the following declaration in
substance:
I declare under penalty of perjury under the laws of Wyoming
that the person who signed or acknowledged this document is
known to me to be the principal, and the principal signed or
acknowledged this document in my presence.
(c) None of the following shall be used as a witness for a
power of attorney for health care:
(i) A treating health care provider or employee of
the provider;
(ii) The attorney-in-fact nominated in the writing;
(iii) The operator of a community care facility or
employee of the operator or facility;
(iv) The operator of a residential care facility or
employee of the operator or facility.
(d) Unless otherwise specified in a power of attorney for
health care, the authority of an agent becomes effective only
upon a determination that the principal lacks capacity, and
ceases to be effective upon a determination that the principal
has recovered capacity.
(e) Unless otherwise specified in a written advance health
care directive, a determination that an individual lacks or has
recovered capacity, or that another condition exists that
affects an individual instruction or the authority of an agent,
shall be made by the primary physician, but the treating primary
health care provider may make the decision if the primary
physician is unavailable.
(f) An agent shall make a health care decision in
accordance with the principal's advance health care directive
and other wishes to the extent known to the agent. Otherwise,
the agent shall make the decision in accordance with the agent's
determination of the principal's best interest. In determining
the principal's best interest, the agent shall consider the
principal's personal values to the extent known to the agent.
(g) A health care decision made by an agent for a
principal is effective without judicial approval.
(h) A written advance health care directive may include
the individual's nomination of a guardian of the person.
(j) An advance health care directive is valid for purposes
of this act if it complied with the applicable law at the time
of execution or communication.