Free Wyoming Living Will Form

The living will takes effect once it is given to your attending physician. At that point, you must be determined, in writing, to be in a terminal condition or a state of permanent unconsciousness with no reasonable expectation of recovery.

Having both a living will and a named health care agent is recommended. Together they cover your treatment preferences even if you cannot state them yourself.

Example: Putting a Wyoming Living Will to Use

For example, Anna Baker could use a Wyoming living will to state that she does not want to be kept on life support if she is ever in a permanent coma with no reasonable expectation of recovery. She could also name her sister as the health care agent who can make other decisions doctors need answered quickly.

Any adult Wyoming resident can benefit from having one. This is especially true if you want a say in your own end-of-life care, or want to spare your family from having to guess what you would have wanted.

Signing Requirements and Laws

In Wyoming, a living will and health care power of attorney are governed by Title 35 of the Wyoming Statutes, the state’s public health and safety code. It sets out the signing, witnessing, and revocation rules you must follow for the document to be legally valid.

To create a legally valid living will in Wyoming, you must meet these signing requirements:

• Who may make one. Under Wyoming law, an adult or an emancipated minor may give an individual instruction about health care decisions, which includes making a living will.^[1.1]
• Written document. The document must be in writing.^[1.2]
• Signature. You must sign it yourself, or have someone else sign it in your presence and at your express direction.^[1.2]
• Witnessing or notarization. Wyoming law lets you have the document signed by at least two witnesses, or acknowledged before a notary public instead. Either method satisfies the attestation requirement.^[1.2]

Wyoming law also restricts who can serve as a witness. None of the following may act as a witness for a power of attorney for health care:^[1.3]

• A treating health care provider, or an employee of the provider.
• The attorney-in-fact (agent) named in the document.
• The operator of a community care facility, or an employee of the operator or facility.
• The operator of a residential care facility, or an employee of the operator or facility.

Under Wyoming law, you may revoke your living will at any time, regardless of your mental or physical condition. If you revoke it orally, the revocation must be put in writing and signed and dated by you or by a witness to the revocation, as soon as possible afterward.^[2]

Wyoming Living Will Form Details

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Steps to Fill Out the Form

These steps walk you through the Wyoming living will and health care power of attorney form, in the order the form itself presents them. You can fill in the downloaded PDF using our online PDF editor as you follow along, from the declaration on page 2 through the witness acknowledgment on page 8.

1. Step 1: Complete the Declaration. On page 2, fill in your name and complete the declaration stating your wishes for health care decisions.
2. Step 2: initial the health care treatments you want to withhold or receive. Still on page 2, initial next to the treatments that apply.
3. Step 3: initial the end-of-life care conditions. On page 3, initial the option that reflects your wishes if you are in a terminal condition.
4. Step 4: add additional instructions, if you have any. If you have preferences the printed options do not cover, write them in the additional instructions space on page 3.
5. Step 5: name your health care agent. On page 3, name the person you want to make health care decisions for you if you cannot, along with their contact information.
6. Step 6: name a substitute agent. On page 4, name a substitute agent who can act if your first choice is unavailable or unwilling to serve.
7. Step 7: sign before two witnesses. On page 8, sign and date the form in the presence of two qualified witnesses.
8. Step 8: have both witnesses complete the acknowledgment. Each witness prints their name, signs, and dates the acknowledgment on page 8.

Common Mistakes to Avoid

Most problems with a Wyoming living will come from avoidable mistakes made during signing, not from how the document is worded. Here are the mistakes people run into most often when completing and signing this form.

• Using an ineligible witness. Wyoming law disqualifies certain witnesses, including your named agent and your treating health care provider.^[1.3]
• Signing without two witnesses or a notary. The document is not properly executed unless it is signed by at least two witnesses or acknowledged before a notary public.^[1.2]
• Not telling your health care agent or physician where the signed document is kept.
• Revoking the document orally and never putting the revocation in writing.^[2]
• Not reviewing the document after a major life change, such as a new diagnosis or a change in your family situation.
• Storing the only copy where your agent or family cannot find it when it is needed.

Other Wyoming Forms
Below are various other Wyoming templates completed by our users. Try our simple builder to customize these forms to your preferences.

Wyoming Last Will Wyoming Bill of Sale Wyoming Power of Attorney Wyoming Non-compete Agreement Wyoming Prenuptial Agreement Wyoming LLC Operating Agreement

Frequently Asked Questions

What Is a Wyoming Living Will?

A Wyoming living will is a legal document that records the medical treatments you want, or do not want, if you become unable to communicate your wishes. It is combined with a health care power of attorney in the state’s Advance Health Care Directive. The same form also lets you name someone to make decisions on your behalf.

• The living will part records the health care decisions you want honored if you become unable to communicate, including your wishes for end-of-life care.
• The health care power of attorney part names an agent, and a substitute agent, to make decisions for you in situations the form does not cover.

Must an Oral Revocation of a Living Will Be Put in Writing in Wyoming?

Yes, under Wyoming law an oral revocation of a living will must be put in writing as soon as possible after the revocation. It must be signed and dated by either you or a witness to the revocation.^[2] Putting it in writing protects you if your wishes are ever questioned. It also gives your physician and health care agent clear, dated evidence that your earlier instructions no longer apply.

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Wyo. Stat. Ann..

1. Wyo. Stat. Ann. § 35-22-403.
   • 1.1 § 35-22-403(a)
   • 1.2 § 35-22-403(b)
   • 1.3 § 35-22-403(c)
2. Wyo. Stat. Ann. § 35-22-404.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.