Conservatorship in Wyoming: Costs, Process, and Court Reporting Requirements
Conservatorship in Wyoming: Costs, Process, and Court Reporting Requirements
Your parent can no longer manage their finances — bills are piling up, accounts are overdrawn, and someone may be taking advantage of them. If no durable financial power of attorney exists, Wyoming law requires you to petition the District Court for a conservatorship to take control of your parent's financial estate.
Conservatorship is the financial counterpart to guardianship. While a guardian handles personal and medical decisions, a conservator manages money, property, and financial affairs. Here is how the process works in Wyoming.
Filing the Petition
Under W.S. § 3-3-101, any person interested in the welfare of a proposed ward may file a petition for appointment of a conservator. You file in the District Court of the county where your parent lives or is physically present.
The petition must include:
- Your parent's name, age, and address
- The nature and degree of their alleged incapacity
- A description of the property that needs protection
- The names and addresses of your parent's spouse, adult children, and other close relatives
The filing fee is $160. You can request both guardianship and conservatorship in a single petition if your parent needs help with personal care and finances.
Proving Incapacity
The evidentiary standard is "preponderance of the evidence" — meaning you must show it is more likely than not that your parent cannot manage their property unassisted. Under W.S. § 3-1-101(a)(ix), incompetency can result from advanced age, physical disability, disease, chronic substance use, or mental illness.
You will need a medical evaluation — a comprehensive report from a licensed physician, psychiatrist, or clinical psychologist that connects your parent's medical condition to their inability to manage financial affairs. Without this medical evidence, the court cannot grant the conservatorship.
The court will appoint a guardian ad litem (GAL) to independently investigate and report on your parent's situation. The GAL interviews your parent, reviews medical records, evaluates living conditions, and makes recommendations to the court within 30 days.
The Fiduciary Bond
This is where conservatorship gets expensive. Under W.S. § 3-1-106, a conservator must post a fiduciary bond with a corporate surety. The bond amount is typically set at the total value of the ward's personal property plus one year's estimated income.
If your parent has $100,000 in savings and $30,000 in annual Social Security income, the court could require a $130,000 bond. Annual bond premiums typically run 0.5% to 1% of the bond amount — so $650 to $1,300 per year, paid from your parent's estate.
The bond protects the estate against mismanagement. If you mishandle your parent's funds, the surety company pays the estate and comes after you for reimbursement.
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The 90-Day Inventory
Within 90 days of appointment, the conservator must file a verified written inventory of all the ward's real and personal property. This means every bank account, investment, piece of real estate, vehicle, valuable personal property, and income source — documented and filed with the court.
If you discover additional property later, it must be reported in the next annual accounting.
Annual Financial Accountings
Under W.S. § 3-3-901, the conservator must file a written, verified report and accounting annually, due within 60 days of the appointment anniversary. Each accounting must include:
- Balance of funds at the start of the period
- Itemized list of all receipts (income, interest, asset sales)
- Itemized list of all disbursements (bills, care costs, taxes, professional fees)
- Changes in investments
- Statement of the conservator's bond and surety
- Current physical condition and location of the ward
The court reviews each accounting. Under W.S. § 3-3-1001, the court will not approve an annual report until all outstanding court costs have been paid. The ward's estate bears these costs, including the conservator's reasonable fees and attorney fees.
Miss a filing deadline and you risk a show-cause order for contempt of court — or removal as conservator entirely.
What a Conservator Can and Cannot Do
A conservator has broad authority over the ward's financial estate, but some actions require advance court approval:
Generally permitted: Paying bills, managing investments, filing tax returns, collecting income, maintaining real property
Typically requires court approval: Selling real estate, making gifts, creating trusts, changing beneficiary designations, entering into contracts that extend beyond the conservatorship
The court's oversight is ongoing. Any interested party — a sibling, the ward's spouse, or the GAL — can petition the court to review the conservator's actions at any time.
The Cost of Doing This Without Preparation
Between the filing fee, attorney fees (typically $2,500-$5,000 for a straightforward case), GAL fees, annual bond premiums, and accounting preparation costs, a conservatorship easily runs into thousands of dollars per year — all paid from your parent's estate.
A durable financial power of attorney, executed while your parent still has capacity, avoids the entire process. The Wyoming Power of Attorney & Guardianship Kit includes both the voluntary POA pathway and the complete conservatorship filing process, so your family is covered regardless of which stage you are starting from.
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