§ 3-9-109 — When power of attorney effective

(a) A power of attorney is effective when executed unless
the principal provides in the power of attorney that it becomes
effective at a future date or upon the occurrence of a future
event or contingency.
(b) If a power of attorney becomes effective upon the
occurrence of a future event or contingency, the principal, in
the power of attorney, may authorize one (1) or more persons to
determine in a writing or other record that the event or
contingency has occurred.
(c) If a power of attorney becomes effective upon the
principal's incapacity and the principal has not authorized a
person to determine whether the principal is incapacitated, or
the person authorized is unable or unwilling to make the
determination, the power of attorney becomes effective upon a
determination in a writing or other record by:
(i) A physician or licensed psychologist that the
principal is incapacitated within the meaning of W.S.
3-9-102(a)(v)(A); or
(ii) An attorney at law, a judge or an appropriate
governmental official that the principal is incapacitated within
the meaning of W.S. 3-9-102(a)(v)(B).
(d) A person authorized by the principal in the power of
attorney to determine that the principal is incapacitated may
act as the principal's personal representative pursuant to the
Health Insurance Portability and Accountability Act, sections
1171 through 1179 of the Social Security Act, and applicable
regulations, to obtain access to the principal's health care
information and communicate with the principal's health care
provider.