Wyoming Is Haunted by Ghost Guardianships: File Reviews Show State and System-Wide Denials of Due Process

Research and scholarship find that the use of guardianship is increasing across the United States despite developments in law, legislation, and policy intended to protect individual rights and promote less restrictive alternatives. In Wyoming, there has long been talk of “ghost guardianships”—where adults are ordered into guardianship without being provided the due process rights and protections guaranteed by state law. This article presents the initial results of our review of all guardianship cases filed in Wyoming in 2021 to determine whether ghost guardianships are a widespread, system-wide problem. Our review finds that a substantial majority of Wyoming adult involuntary guardianship cases violated the due process rights of the proposed ward. In this article, we summarize research and scholarship into the potential dangers of guardianship and present our methodology, findings, and recommendations for ways Wyoming and other states may protect the rights of people facing guardianship.