This chapter is known and may be cited as the "West Virginia Guardianship and Conservatorship Act".
The Legislature finds that section six, article eight of the Constitution of the State of West Virginia gives it the discretionary authority to pass legislation which "...provides that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts..." be under the exclusive jurisdiction of circuit courts. The Legislature further finds and declares that the use of the word "all" does not require an interpretation that the Legislature must place every aspect of such matters with circuit courts, but, that because of the discretionary authority given, the Legislature may transfer, from time to time, only those matters which it believes would be better served under the jurisdiction of circuit courts.
The Legislature further finds and declares that legal proceedings requiring a tribunal to determine whether persons should be appointed to manage the personal or financial affairs of individuals deemed mentally incompetent, intellectually disabled, mentally handicapped or missing involve considerations of constitutionally protected rights which can best be resolved within the circuit courts of this state.
Structure West Virginia Code
Chapter 44A. West Virginia Guardianship and Conservatorship Act
Article 1. Definitions and General Provisions
§44A-1-1. Short Title and Legislative Findings
§44A-1-2. Determinations and Appointments Under Prior Law
§44A-1-5. Rules of Civil Procedure
§44A-1-6. Relationship to Other Laws
§44A-1-7. Transfer of Venue Following Appointment
§44A-1-9. Posting of Bonds; Actions on Bond
§44A-1-10. Mandatory Education; Written Material; and Forms
§44A-1-11. Guardian or Conservator Who Resides Out of State to Designate Resident Agent
§44A-1-12. Appointment of Guardian or Conservator Acting in Another State