Who Decides Without a Directive
W.S. 35-22-406 — a surrogate, from the spouse down to an adult grandchild
Where there is no valid directive, and no agent or guardian is reasonably available, a surrogate may make health care decisions for an adult whose doctor has found they lack capacity. A person can name a surrogate by personally telling their primary health care provider.
Who handles this in Wyoming: legal aid programs, lawyer referral and the state offices, listed in the Wyoming directory.
- Without one named, the family members reasonably available may act, in this order: a spouse who is not legally separated, an adult child, a parent, a grandparent, an adult brother or sister, an adult grandchild.
- If none is available, an adult who has shown special care and concern and knows the person's values may act.
- Where members of the same class disagree, the provider follows the majority of those who have told it their views.
A surrogate decides by the patient's instructions and known wishes, and otherwise by the patient's best interest, considering their personal, religious and ethical values.
Sources for this section (1)
- W.S. 35-22-406 — Decisions by surrogate
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.