(a)  Any person may file with the clerk a petition for the appointment of a guardian. The petition shall state:

(i)  The name, age and address of the proposed ward;

(ii)  The status of the proposed ward as a minor, an incompetent person or a mentally incompetent person and the reasons for the petition;

(iii)  The name and address of the proposed guardian, and his qualification as a fit and proper person to serve as guardian;

(iv)  The residence of the proposed ward in the county or his presence in the county;

(v)  The facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state;

(vi)  The name and address of the person or facility having the care, custody or control of the proposed ward; and

(vii)  The interests of the petitioner.

(b)  The district court may transfer jurisdiction of a petition for appointment of a guardian to the juvenile court if the proposed ward is a child who is under the prior and continuing jurisdiction of the juvenile court.

(c)  In any matter concerning an adult, the provisions of chapter 8 of this title shall apply for the purposes of establishing jurisdiction over the matter.

(a)  Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward, his custodian and the proposed guardian.

(b)  Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward's parents, agent or fiduciary under a known power of attorney, spouse and adult children who are known or who can be discovered with due diligence, except:

(i)  When a petition is filed under W.S. 3-2-108; or

(ii)  When for good cause the court determines that no notice is necessary if the proposed ward is under the age of eighteen (18) years.

(c)  Notice shall be served on any other person as ordered by the court.

(d)  Notice shall be given in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court.

(a)  The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence.

(b)  The order appointing a guardian shall state the findings of the court, including:

(i)  The reasons why the ward is in need of a guardian;

(ii)  The appointment of the guardian;

(iii)  The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101;

(iv)  The limited or plenary duties of the guardian.

(a)  A guardian may be appointed by the court upon the petition of the proposed ward, including a minor who has reached the age of fourteen (14) years, if the court determines that the appointment is in the best interest of the petitioner.

(b)  The petition shall state whether a notice of a petition for involuntary guardianship under W.S. 3-2-101 has been served on the proposed ward.

(a)  Upon the filing of a petition for a temporary guardian other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after a hearing the court may appoint a temporary guardian subject to any notice and conditions the court prescribes.

(b)  Except upon a showing of good cause, an order appointing a temporary guardian of an adult ward shall be limited to not more than ninety (90) days. The court may order an extension of the temporary guardianship for not more than an additional ninety (90) days, or conversion to a guardianship or conservatorship in accordance with W.S. 3-2-101 through 3-2-105 or 3-3-101 through 3-3-106.

(c)  Except upon a showing of good cause, an order appointing a temporary guardian of a minor ward shall be limited to not more than one (1) year.

(d)  If the court finds that compliance with the procedures specified in this chapter will likely result in substantial harm to the proposed ward's health, safety or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the proposed ward's welfare, may appoint an emergency guardian. Immediately upon receipt of the petition for an emergency guardianship, the court shall appoint a guardian ad litem to represent the proposed ward's best interests in the proceeding. Except as otherwise provided in subsection (e) of this section, reasonable notice of the time and place of a hearing on the petition shall be given to the proposed ward and any other persons as the court directs.

(e)  An emergency guardian may be appointed without notice to the proposed ward or the guardian ad litem only if the court finds by a preponderance of the evidence from affidavit or testimony that the proposed ward will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian immediately, without notice to the proposed ward or the guardian ad litem, the proposed ward and guardian ad litem shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within seventy-two (72) hours after the appointment. Emergency guardians appointed without notice and hearing shall have authority to make medical and medically related decisions only, except emergency guardians shall not have authority with respect to a person who has been made a ward pursuant to this subsection or subsection (d) of this section to:

(i)  Execute a durable power of attorney for healthcare for the ward pursuant to W.S. 35-22-403(b);

(ii)  Execute an individual instruction for the ward pursuant to W.S. 35-22-403(a);

(iii)  Execute a cardiopulmonary resuscitation directive for the ward pursuant to W.S. 35-22-201 through 35-22-208;

(iv)  Commit or admit the ward to a mental health facility; or

(v)  Direct the withdrawal of life sustaining procedures being used on the ward.

(f)  Appointment of an emergency guardian, with or without notice, is not a determination of the proposed ward's incapacity.

(g)  At the seventy-two (72) hour hearing to determine the appropriateness of the appointment of an emergency guardian required by subsection (e) of this section, the court may appoint a temporary guardian pursuant to subsection (a) of this section. The court may remove an emergency guardian at any time.

(h)  Except as provided in subsections (d) through (g) of this section, all other provisions of this chapter concerning guardians apply to an emergency guardian.

(a)  The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person proposed to act as guardian:

(i)  Provides, or is likely to provide during the guardianship period, substantial services to the ward in a professional or business capacity unrelated to the person's authority as a guardian;

(ii)  Is, or is likely to become during the guardianship period, a creditor of the ward, other than in the capacity as guardian;

(iii)  Has, or is likely to have during the guardianship period, interests that may conflict with those of the ward; or

(iv)  Is employed by a person who would be disqualified under paragraphs (i) through (iii) of this subsection.

(b)  A person may be appointed as guardian of a respondent, notwithstanding the provisions of subsection (a) of this section that would otherwise disqualify the person, if the person is the spouse, adult child, parent or sibling of the respondent and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the respondent.

(c)  Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of an incompetent person in the following order:

(i)  A person nominated by the respondent if at the time of the nomination the respondent has the capacity to make a reasonably intelligent choice;

(ii)  The spouse of the respondent;

(iii)  A nomination in the will of the respondent's deceased spouse;

(iv)  The parent of the respondent;

(v)  An adult child of the respondent;

(vi)  A person named in the will of the respondent's deceased parent;

(vii)  A relative of the respondent with whom the respondent has resided for more than six (6) months during the year preceding the filing of the petition;

(viii)  A relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the respondent;

(ix)  Any other person whose appointment would be in the best interests of the respondent;

(x)  A person with a guardianship program for incompetent persons.

(d)  Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of a minor in the following order:

(i)  The parent or parents of the minor;

(ii)  The person nominated as guardian in the will of the custodial parent;

(iii)  The person requested by a minor who has reached the age of fourteen (14) years;

(iv)  Any other person whose appointment would be in the best interests of the minor.

(e)  The court shall consider the priorities established in subsections (c) and (d) of this section, but shall not be bound by those priorities. The court shall appoint the person who is best qualified and willing to serve as guardian.

(a)  The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as well as providing a description of those actions the guardian has taken on behalf of the ward:

(i)  Within six (6) months of the guardian's appointment;

(ii)  Every six (6) months following the initial report;

(iii)  Within thirty (30) days of his removal or resignation from, or the termination of, the guardianship;

(iv)  At other times as the court may order.

(b)  The court shall maintain a calendar for the filing of guardianship reports.

(c)  If a guardian's report is not timely filed, the court shall enter an order for the guardian to show cause why the guardian should not be held in contempt.

(a)  The department of health or the department of family services may petition any district court in the state to be appointed guardian of a minor who is in its custody.

(b)  If a department in subsection (a) of this section is not the petitioner in a proceeding to appoint a guardian for a ward in its custody, it shall not be appointed guardian unless given prior notice and opportunity for hearing.

(a)  The fees of the guardian shall be:

(i)  Reasonable and appropriate;

(ii)  Set and approved by the court.

(b)  The fees of the guardian shall not be approved by the court unless all reports required of the guardian are current.