Revocation of General Durable Power of Attorney
STATUTORY REFERENCES
ALL REFERENCES, UNLESS OTHERWISE NOTED, ARE TO THE WYOMING STATUTES.
REVOCATION OF DURABLE POWERS OF ATTORNEY
General
A person may designate another person to act as the attorney in
fact or agent for the principal.
The power of attorney shall be in writing and shall state:
- "This power of attorney shall not become ineffective by my disability";
or
- "This power of attorney shall become effective upon my disability";
or
- Words showing the intent of the principal that the authority conferred
by his power of attorney instrument shall be exercised notwithstanding
his disability.
The authority of the attorney in fact may be exercised by him on behalf
of the principal according to the terms stated in the power of attorney.
A durable power of attorney is valid notwithstanding the subsequent
disability or incapacity of the principal or uncertainty concerning whether
the principal is alive or deceased.
All acts done by the attorney in fact during any period of disability
or incompetence or uncertainty as to whether the principal is dead or alive
have the same as if the principal were alive, competent and not disabled.
If a conservator is appointed for the principal, the attorney in
fact shall account to the conservator rather than the principal.
The conservator has the same power of the principal to revoke, suspend or
terminate all or any part of the power of attorney.
The death, disability or incompetence of a principal who has executed
a power of attorney in writing does not revoke or terminate the agency
as to the attorney in fact, without actual knowledge of the death, disability
or incompetence of the principal. Any actions in good faith under
the power of attorney, unless otherwise invalid or unenforceable, are binding on
the principal and his heirs, devisees and personal representatives.
An affidavit executed by the attorney in fact stating that at the
time of doing an act pursuant to the power of attorney he did not have
actual knowledge of the revocation or termination of the power of attorney
by death, disability or incompetence, is, in the absence of fraud, conclusive
proof of the nonrevocation or nontermination of the power at that time.
If the exercise of the power requires execution and delivery of any instrument
which is recordable, the affidavit when authenticated for record is likewise
recordable.
A power of attorney may contain a provision for revocation and that
provision of the power of attorney shall be binding.
Execution
A power of attorney should be executed in the presence of two witnesses
who affirm the statutorily required declaration (Wyoming Statutes §3-5-202)
OR be sworn to and acknowledged before a notary public.
Revocation
A power of attorney may be revoked pursuant to its specific terms
regarding revocation. Unless the power of attorney otherwise specifically
provides, it may be revoked by recording an instrument of revocation with
a true copy of the power of attorney attached, in the office of the county
clerk of the county in which the principal resides. Constructive notice
of the revocation is given from and after the date of recording the instrument
of revocation.
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