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Article 1. Definitions and General Provisions
§44A-1-1. Short Title and Legislative Findings - This chapter is known and may be cited as the...
§44A-1-2. Determinations and Appointments Under Prior Law - (a) Any person determined to be "mentally incompetent", "intellectually disabled"...
§44A-1-3. Advance Directives - The existence of a living will, medical power of attorney,...
§44A-1-4. Definitions - As used in this chapter, unless a different meaning is...
§44A-1-5. Rules of Civil Procedure - The West Virginia “Rules of Civil Procedure for Trial Courts...
§44A-1-6. Relationship to Other Laws - Nothing in this chapter may be construed to supersede the...
§44A-1-7. Transfer of Venue Following Appointment - (a) Following the appointment of a full or limited guardian...
§44A-1-8. Persons and Entities Qualified to Serve as Guardian and Conservator; Default Guardian and Conservator; Exemptions From Conservator Appointment - (a) Any adult individual may be appointed to serve as...
§44A-1-9. Posting of Bonds; Actions on Bond - (a) The court has the discretion to determine whether the...
§44A-1-10. Mandatory Education; Written Material; and Forms - (a) Any individual appointed to serve as a guardian or...
§44A-1-11. Guardian or Conservator Who Resides Out of State to Designate Resident Agent - A guardian or conservator who is or who later becomes...
§44A-1-12. Appointment of Guardian or Conservator Acting in Another State - (a) A guardian, conservator or like fiduciary appointed in another...
§44A-1-13. Compensation - (a) Any guardian or conservator, whether full, temporary, or limited,...
§44A-1-14. Temporary Protective Orders - The court or mental hygiene commissioner may, at the request...
§44A-1-15. Eligibility of Guardians or Conservators Employed Pursuant to a Department of Health and Human Resources Waiver Program - (a) A person employed pursuant to a written contract or...
Article 2. Procedure for Appointment
§44A-2-1. Filing of Petition; Jurisdiction; Fees; Special Revenue Account Established - (a) A petition for the appointment of a guardian or...
§44A-2-1a. Filing of a Petition Where Protected Person Is a Minor - A petition for the appointment of a guardian, conservator or...
§44A-2-2. Who May File Petition; Contents - (a) A petition for the appointment of a guardian, a...
§44A-2-3. Evaluation Report - The petition shall include a report by a licensed physician...
§44A-2-4. Statement of Financial Resources - Prior to a hearing for a conservatorship, the petitioner shall...
§44A-2-5. Confidentiality - Upon filing of a petition requesting appointment of a guardian...
§44A-2-6. Notice of Hearing - (a) Upon the filing of the petition and evaluation report,...
§44A-2-7. Appointment of Counsel - (a) The court shall appoint legal counsel for the alleged...
§44A-2-8. Nomination of Guardian or Conservator of Alleged or Adjudicated Protected Person; Preferences - (a) Any person who has sufficient capacity to form a...
§44A-2-9. Hearing on Petition to Appoint - (a) The court may hear the petition for the appointment...
§44A-2-10. Factors to Be Considered by Court - (a) The court alone shall determine whether a guardian or...
§44A-2-11. Limited Guardianships - (a) A limited guardian may be appointed for an individual...
§44A-2-12. Limited Conservatorships - A limited conservator may be appointed for an individual deemed...
§44A-2-13. Order of Appointment; Notice; Notice of Appointment - (a) An order appointing a guardian or conservator may only...
§44A-2-13a. Time of Entry of Orders - The mental hygiene commissioner or the court shall prepare an...
§44A-2-14. Temporary Guardians and Conservators - (a) The court may appoint a temporary guardian or temporary...
§44A-2-15. Notice of Hearing on Petitions Subsequent to the Appointment of a Guardian or Conservator - (a) Except as otherwise provided herein or as ordered by...
Article 3. Guardianship and Conservatorship Administration
§44A-3-1. Duties of Guardian of Protected Person - (a) The guardian of a protected person owes a fiduciary...
§44A-3-2. Reports by Guardian of Protected Person - (a) Any guardian appointed pursuant to the provisions of this...
§44A-3-3. Distributive Duties and Powers of the Conservator of a Protected Person - (a) A conservator of a protected person, without the necessity...
§44A-3-4. Management Powers and Duties of Conservator - (a) A conservator, in managing the estate, shall act as...
§44A-3-5. Sale or Mortgage of Real Estate - (a) A conservator shall not sell real estate and shall...
§44A-3-6. Protective Arrangements - Upon petition therefor, the court may authorize a conservator to...
§44A-3-7. Estate Planning - (a) Upon petition, the court may authorize a conservator to...
§44A-3-8. Conservator’s Inventory - (a) Within sixty days following entry of an order of...
§44A-3-9. Accountings by Conservator - Any conservator appointed pursuant to the provisions of this chapter...
§44A-3-10. Waiver of Accountings - (a) The court, upon petition therefor, may waive the requirement...
§44A-3-11. Filing of Reports and Accountings; Misdemeanor for Failure to File; Reporting Elder Abuse - (a) Reports of guardians and accountings of conservators, as described...
§44A-3-12. Self-Dealing and Conflicts of Interest - (a) Unless court approval is first obtained, or unless such...
§44A-3-13. Personal Liability of Guardians - (a) A guardian shall have a fiduciary duty to the...
§44A-3-14. Personal Liability of Conservators - (a) A conservator shall have a fiduciary duty to the...
§44A-3-14a. No Liability of Present Conservator or Guardian for Prior Acts or Failure to Act of Preceding Conservators, Guardians or Committees - No liability may accrue to any present conservator or guardian...
§44A-3-15. Protection for Persons Conducting Business With Guardians and Conservators - Any individual or entity who, in good faith, conducts business...
§44A-3-16. Court Modification of Powers and Duties of Guardian or Conservator - Nothing in this chapter shall prohibit the court from limiting...
§44A-3-17. Petition by Certain Persons for Access to Persons in Guardianship; Hearing and Court Order - (a) As used in this section, unless the context otherwise...
§44A-3-18. Guardian’s Duty to Inform Certain Relatives About Protected Person’s Health and Residence - (a) The provisions of this section apply to relatives who...
Article 4. Termination, Revocation and Modification of Appointments
§44A-4-1. Termination of Appointment of Guardian or Conservator - (a) The appointment of a guardian or conservator shall terminate...
§44A-4-2. Appointment of Successor Guardian or Conservator - The court may appoint a successor guardian or conservator prior...
§44A-4-3. Resignation of Guardian or Conservator - A guardian or conservator shall petition the court for permission...
§44A-4-4. Removal of Guardian or Conservator - Upon the petition of any interested person or upon the...
§44A-4-5. Duty of Guardian or Conservator Subsequent to Death of Protected Person - In the absence of an advanced directive, such as a...
§44A-4-6. Petition for Termination, Revocation or Modification; Standards - (a) Upon a petition filed pursuant to this section, or...
§44A-4-7. Hearing on Petition to Terminate, Revoke or Modify - A hearing on a petition to terminate, revoke or modify...
Article 5. Standby Guardianship
§44A-5-1. Title - This article may be cited as the “Standby Guardianship Act”.
§44A-5-2. Definitions - (a) “Attending physician” means the physician who has primary responsibility...
§44A-5-3. Petition for Approval of Standby Guardian; Fees - (a) Upon petition of a parent, functional parent or any...
§44A-5-4. Circuit Court's Order Approving Standby Guardianship; Authority; When Effective - (a) When a petition is filed by a person other...
§44A-5-5. Written Designation of a Standby Guardian by a Parent; Commencement of Authority; Approval Required - (a) A parent may execute a written designation of a...
§44A-5-6. Further Proceedings to Determine Permanent Guardianship - (a) If the triggering event was death of the qualified...
§44A-5-7. Revocation, Refusal and Termination of Standby Guardianship - (a) The authority of a standby guardian approved by the...
§44A-5-8. Review of Standby Guardianship - A child's parent, stepparent, functional parent, adult sibling or any...
§44A-5-9. Petition and Other Records Pertaining to Standby Guardianship Confidential - Upon the filing of a petition requesting the approval of...