§ 3-2-106 — Appointment of a temporary or emergency guardian

Wyoming § 3-2-106

• Jurisdiction: Wyoming
• Title 03: Guardian and Ward
• Ch. 2: GUARDIANSHIPS
• Art. 1: APPOINTMENT OF GUARDIAN

Text

(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.