Wyoming Guardianship: Person vs. Estate — Separate Appointments Required | Wyoming Estate Planning | FastCounsel
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Wyoming Guardianship: Person vs. Estate — Separate Appointments Required

Wyoming Guardianship: Do You Automatically Become Guardian of the Estate If You’re Appointed Guardian of the Person?

Short answer: No. In Wyoming, appointment as a guardian of the person is separate from appointment to manage the ward’s property. The court can appoint the same person to both roles, but you do not automatically become guardian of the estate.

Detailed answer — how Wyoming treats guardianship of the person versus the estate

When a Wyoming court appoints a guardian, it distinguishes between two different responsibilities:

  • Guardian of the person: responsible for the ward’s personal care — housing, medical decisions (when the ward lacks capacity to decide), education, day-to-day supervision, and ensuring the ward’s health and safety.
  • Guardian of the estate (sometimes called conservator): responsible for managing the ward’s property and financial affairs — collecting income, paying bills, protecting assets, investing, and filing required accountings with the court.

Wyoming practice treats these roles as distinct. A court may appoint the same individual to both roles, but it also may appoint different people to each role or appoint only one role if only that type of protection is needed. That means if you are appointed only as guardian of the person, you do not gain authority to manage the ward’s money or real property unless the court also issues a separate appointment or expressly grants those financial powers to you in the guardianship order.

Because the duties differ, rules for bond, inventory, reporting, and court approval of transactions can also differ depending on whether you handle the person’s care, the estate, or both. Typical court requirements include filing an inventory of the estate, periodic accountings, and court approval before making major financial decisions such as selling real property or making large gifts.

For more on how Wyoming courts handle guardianship and conservatorship, see the Wyoming Judicial Branch guide to guardianship and conservatorship: Wyoming Judicial Branch — Guardianship & Conservatorship. You can also search Wyoming statutes and local court rules at the Wyoming Legislature site: Wyoming Legislature.

What to do if you need authority over both person and estate

  1. When you file a petition with the court, clearly ask for appointment as both guardian of the person and guardian of the estate if you intend to manage both care and finances.
  2. If you already hold appointment only for the person, you can ask the court to appoint you as guardian of the estate later by filing a separate petition or motion demonstrating why the estate needs a guardian and why you are an appropriate choice.
  3. The court will evaluate evidence of incapacity, the ward’s assets, the need for a guardian of the estate, and any objections from family or interested parties before making a decision.

Typical court requirements and limitations

  • Bond: The court may require a bond for guardians who manage money to protect the ward’s assets.
  • Inventory and accountings: Guardians of the estate usually must file inventories and periodic accountings with the court.
  • Court approval for major actions: Selling real property, changing investments, or making large gifts often requires prior court approval.
  • Separate duties and oversight: The guardian of the person focuses on care; the guardian of the estate focuses on finances. The court can supervise each role independently.

Because statutes and local rules can set precise timelines and forms, check the local probate rules or speak with the clerk of the county where the guardianship will be or is established. The Wyoming Judicial Branch page linked above provides forms and explanations used by Wyoming courts.

Helpful hints — practical steps for new guardians in Wyoming

  • When petitioning the court, explicitly request appointment to the role(s) you intend to hold (person, estate, or both).
  • Obtain and keep a copy of the court’s Letters of Guardianship/Letters of Conservatorship — these are the documents that prove your authority.
  • If you will manage finances, prepare to file an inventory and periodic accountings. Ask the court clerk or visit the Wyoming Judicial Branch site for required forms: Guardianship & Conservatorship Forms.
  • Be ready to post a bond if required. Ask the court whether a bond is needed and whether it can be waived (sometimes possible for close relatives or small estates).
  • Keep detailed records: receipts, bank statements, bills paid, and medical records related to the ward’s care. Good records make required reports and court reviews much easier.
  • Consider asking the court to appoint the same person to both roles if you can manage both and the court agrees — this can simplify communication and decisions for the ward, but the court will still supervise each role’s duties.
  • If a conflict of interest arises (for example, an heir or interested party objects), consult an attorney experienced in Wyoming guardianship law for help resolving disputes or handling contested guardianships.
  • Whenever you’re uncertain about a major financial decision (selling home, large gifts, or investments), seek prior court approval to avoid later liability.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation in Wyoming, contact a licensed Wyoming attorney or the local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.