How to Revoke a Power of Attorney in Wyoming

Your parent signed a power of attorney naming your sibling as agent three years ago. Now that sibling is making financial decisions your parent disagrees with, and your parent wants to take back control. Or perhaps the relationship has deteriorated, and a different family member should be in charge. Whatever the reason, Wyoming law gives a competent principal the absolute right to revoke a power of attorney at any time — but the revocation must follow specific procedures to be legally effective.

Revoking a Financial Power of Attorney

Under W.S. § 3-9-110, a principal with cognitive capacity can revoke a durable financial power of attorney by executing a written revocation. The revocation should:

1. Clearly identify the original document — include the date of the original POA, the name of the agent being removed, and a statement that the document is revoked in its entirety (or that specific powers are revoked, if the principal wants a partial revocation)
2. Be signed by the principal and ideally notarized, though notarization is not strictly required for the revocation itself — it simply strengthens the document's credibility if challenged
3. Be delivered to the agent — the former agent must receive actual notice of the revocation
4. Be delivered to all third parties relying on the original POA — this is the step families most commonly miss

Until a third party (a bank, brokerage, title company, or healthcare provider) receives actual notice of the revocation, they are legally protected for acting in reliance on the original power of attorney. Under W.S. § 3-9-119, a third party who accepts an acknowledged POA in good faith is shielded from liability unless they have actual knowledge that the document has been revoked.

This means that simply signing a revocation and filing it away is not enough. If the former agent walks into the bank with the original POA and the bank has no notice of revocation, the bank can legally process the transaction.

Practical steps to ensure effective revocation:

• Send the written revocation to the former agent by certified mail with return receipt
• Deliver copies to every financial institution, insurance company, and healthcare provider that received the original POA
• If the original POA was recorded with a county clerk's office (common for real estate authority), record the revocation with the same office
• If a new POA is being executed simultaneously, include a clause in the new document stating that all prior powers of attorney are revoked

Revoking a Healthcare Directive

Revocation of an advance healthcare directive or medical power of attorney under W.S. § 35-22-404 is more flexible than financial POA revocation. A principal who retains capacity can revoke by:

• A written statement signed by the principal
• An oral statement made to the primary healthcare provider (the provider must document the oral revocation in the medical record)
• Executing a new advance directive that materially conflicts with the prior document — the new directive supersedes the old one automatically

The key difference from financial POA revocation: oral revocation is permitted for healthcare directives but not for financial powers of attorney. A parent in a hospital bed who tells their doctor "I do not want my daughter making my medical decisions anymore" has effectively revoked the healthcare proxy — the doctor must document it and notify the named agent.

When Revocation Is Not Possible

The right to revoke depends entirely on the principal retaining cognitive capacity. If your parent has lost the ability to understand what a power of attorney is and what revoking it means, they cannot legally revoke the document.

In this situation, if the agent is acting against the parent's interests, the available remedies are:

• Court petition by an interested party. Under Wyoming law, any person interested in the welfare of the principal can petition the district court to review the agent's conduct, compel an accounting, or remove the agent. The court can revoke the POA and appoint a guardian or conservator if necessary.
• APS report. If the agent is committing financial exploitation, file a report with Adult Protective Services. Under W.S. § 3-9-120(b), a financial institution that has filed or is aware of a protective report can refuse to honor the POA.

Automatic Revocation Events

Certain events revoke or modify a power of attorney by operation of law without any action by the principal:

• Divorce or legal separation. Under W.S. § 3-9-110(b), if the agent is the principal's spouse and the marriage is dissolved or legally separated, the former spouse's authority as agent is automatically revoked. This applies unless the POA document explicitly provides otherwise.
• Death of the principal. All POA authority terminates immediately upon the principal's death. The agent has no authority to act on behalf of the estate — that authority passes to the personal representative named in the will or appointed by the probate court.
• Appointment of a guardian or conservator. If the court appoints a guardian or conservator for the principal, the court may modify or revoke the existing POA to the extent necessary.

Replacing a Revoked POA

Revocation without replacement leaves the parent in a dangerous gap. If they revoke the existing POA and do not execute a new one, there is no one with legal authority to manage their affairs if they later lose capacity.

Best practice is to execute the new POA and the revocation simultaneously. The new document should include an explicit clause revoking all prior powers of attorney, and the new agent should receive certified copies immediately.

The Wyoming Power of Attorney & Guardianship Kit includes a revocation template, a third-party notification checklist, and guidance on executing a replacement POA with the proper statutory language under W.S. § 3-9-301.

Act Quickly When Revocation Is Needed

If your parent wants to revoke a POA because the agent is misusing their authority, time matters. Every day the old POA remains active and unrevoked is a day the agent can continue transacting on the parent's behalf. Deliver the written revocation to the agent and all financial institutions immediately — do not wait for a new POA to be drafted.

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