Wyoming Living Will Requirements
Based on W.S. §35-22-401 through §35-22-416 (Wyoming Health Care Decisions Act)
Quick Summary
- Document type: Advance Health Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Wyoming requires 2 witnesses who are present when you sign your advance health care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be a treating health care provider or an employee of the treating health care provider
- A witness cannot be the agent (attorney-in-fact) nominated in the advance directive
- A witness cannot be the operator of a community care facility or an employee of the operator or facility
- A witness cannot be the operator of a residential care facility or an employee of the operator or facility
- Each witness must witness either the signing of the instrument by the principal or the principal's acknowledgment of the signature or of the instrument
- Each witness must make a declaration under penalty of perjury under the laws of Wyoming
When Your Living Will Takes Effect
Your Wyoming living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition that will result in the individual's death within a relatively short time.
Persistent Vegetative State
A condition in which the individual becomes unconscious and, to a reasonable degree of medical certainty, will not regain consciousness.
Irreversible Condition
An irreversible condition under Wyoming law encompasses situations where the likely risks and burdens of treatment would outweigh the expected benefits to the individual.
Important Notes for Wyoming
- Wyoming follows the Wyoming Health Care Decisions Act (W.S. §35-22-401 through §35-22-416)
- An advance health care directive may be executed either by acknowledgment before a notarial officer or by signing in the presence of at least two qualified witnesses — notarization serves as a complete alternative to witnesses (W.S. §35-22-403)
- The advance directive must be in writing and signed by the principal or by another person in the principal's presence and at the principal's expressed direction
- Wyoming uses a combined advance directive form that may include both an individual instruction (living will) and a power of attorney for health care
- "Individual instruction" means a principal's direction concerning a health care decision for the principal
- "Health care decision" means a decision regarding the individual's health care, including the selection and discharge of health care providers and institutions, approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate
- An advance directive may be revoked at any time by the principal, regardless of capacity, through a signed and dated writing, by physical destruction, or by oral expression of intent to revoke
- A health care provider or institution that, in good faith, complies with an advance directive is not subject to civil or criminal liability or professional disciplinary action
- Wyoming repealed its earlier living will statute (W.S. §35-22-101 through §35-22-109) and replaced it with the Health Care Decisions Act in 2005
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.