West Virginia Guardianship Laws: Minors, Adults and Conservators (2026)

In West Virginia, adult guardianship and conservatorship are court proceedings under the West Virginia Guardianship and Conservatorship Act, Chapter 44A of the West Virginia Code. A guardian handles the person side (health, care, safety and residence) and a conservator handles the property side (the estate and financial affairs) for a "protected person," and the court may appoint either only when the need is proved by clear and convincing evidence (W. Va. Code §§ 44A-1-1, 44A-1-4, 44A-2-9(d)).

Guardianship of a child runs on a separate track in Chapter 44, Article 10, where the circuit court and the family court share jurisdiction and the court must make its own clear and convincing finding (W. Va. Code § 44-10-3). West Virginia's adult definition turns on mental impairment, and the statute says that a finding of poor judgment, without more, is not sufficient evidence. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia state law on guardianship and conservatorship of adults in Chapter 44A, guardianship of minors in Chapter 44, Article 10, standby guardianship, the affidavit of caregiver consent for a child's health care, the health-care surrogate rule, and interstate transfer under Chapter 44C. It does not cover custody disputes between parents (see West Virginia child custody laws), grandparent visitation (see West Virginia grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see West Virginia probate), child-abuse and neglect cases and foster care, which follow a separate track under Chapter 49, or civil commitment and mental-health holds.

West Virginia guardianship terms and where the law lives

West Virginia did not adopt a uniform guardianship act for its main adult law. Chapter 44A is the state's own act, "known and may be cited as the 'West Virginia Guardianship and Conservatorship Act'" (§ 44A-1-1). It has five articles: definitions and general provisions, procedure for appointment, administration, termination and modification, and standby guardianship. Guardianship of minors sits in Chapter 44, Article 10, and moving a guardianship between states is governed by Chapter 44C.

Everything in the adult act rests on one definition:

"Protected person" means an adult individual, eighteen years of age or older, who has been found by a court, because of mental impairment, to be unable to receive and evaluate information effectively or to respond to people, events, and environments to such an extent that the individual lacks the capacity: (A) To meet the essential requirements for his or her health, care, safety, habilitation, or therapeutic needs without the assistance or protection of a guardian; or (B) to manage property or financial affairs or to provide for his or her support or for the support of legal dependents without the assistance or protection of a conservator. A finding that the individual displays poor judgment, alone, is not sufficient evidence that the individual is a protected person within the meaning of this subsection. "Protected person" also means a person whom a court has determined is a missing person.

W. Va. Code § 44A-1-4(13)

Prong (A) of that definition is the basis for a guardian, and prong (B) is the basis for a conservator. A court can appoint a guardian, a conservator, or both (§ 44A-2-2(a)).

How to get guardianship of a child in West Virginia

The circuit court and the family court have concurrent jurisdiction over a petition to appoint a guardian for a minor (§ 44-10-3). A responsible person with knowledge of the facts may petition, but the statute bars some petitions, including one by a parent whose rights have been terminated, a petition while the child is the subject of another custody or guardianship proceeding, and a petition by a parent seeking custody adverse to the other parent. The petition is filed in the county where the child has lived for the past six months unless the court finds extraordinary circumstances (§ 44-10-3(b)). The court "shall hold a hearing upon the petition for the appointment of a guardian within ten days after the petition is filed" (§ 44-10-3(e)). Proceedings follow the Rules of Practice and Procedure for Minor Guardianship Proceedings; if everyone entitled to service has not been served at least five days before the hearing or waived service, the court continues the hearing but may appoint a temporary guardian (§ 44-10-3(c), (e)).

The standard is set out in § 44-10-3(f):

The court may appoint a guardian for a minor if the court finds by clear and convincing evidence that the appointment is in the minor's best interest and: (1) The parents consent; (2) The parents' rights have been previously terminated; (3) The parents are unwilling or unable to exercise their parental rights; (4) The parents have abandoned their rights by a material failure to exercise them for a period of more than six months; or (5) There are extraordinary circumstances that would, in all reasonable likelihood, result in serious detriment to the child if the petition is denied.

W. Va. Code § 44-10-3(f)

When a parent does not consent, the petitioner therefore has to prove, by clear and convincing evidence, both the child's best interest and one of the other four conditions. A best-interest finding without one of those conditions does not meet the statute. The statute gives a parent priority to serve as guardian, subject to the limits in its own subsections, and the proposed guardian's competency and fitness must be established (§ 44-10-3).

The child's own choice

A child above age 14 "may in the presence of the circuit or family court, or in writing acknowledged before any officer authorized to take the acknowledgment of a deed, nominate his or her own guardian, who, if approved by the court, shall be appointed accordingly" (§ 44-10-4(a)). For a younger child, the court may consider the firm and reasonable preferences of a child who is mature enough to express them (§ 44-10-4(b)).

What a child's guardian decides, and how it ends

A guardian of a minor has the possession, care and management of the child's estate and, except as otherwise provided, custody of the child. The guardianship continues until the child turns 18, even if the child marries, or, for a guardian appointed by will, until the end of the period the will sets (§ 44-10-7).

The guardian, the child, a parent or an interested person may petition to end the guardianship on the ground that the child no longer needs a guardian because of changed circumstances and that ending it is in the child's best interest; the court may also act on its own motion (§ 44-10-3(i)(4)). The court may not terminate a guardianship while estate assets are due and payable to the child (§ 44-10-3(k)). When a parent files, the statute sets the burden:

For a petition to revoke or terminate a guardianship filed by a parent, the burden of proof is on the moving party to show by a preponderance of the evidence that there has been a material change of circumstances and that a revocation or termination is in the child's best interest.

W. Va. Code § 44-10-3(j)

Can a parent name a guardian in a will in West Virginia?

Yes. Under § 44-10-1, "Every father or mother, may, by last will and testament, appoint a guardian for his or her child, born or to be born, and for such time during its infancy as he or she may direct." If both parents appointed guardians, the appointee of the parent who lived longer has custody of the child's person. The section names a will as the instrument; for a living parent with a serious illness, the standby procedure below is the separate statutory route.

Standby guardianship for a parent with a serious illness

Article 5 of Chapter 44A lets a "qualified parent" plan for a child's care. A qualified parent is one diagnosed in writing by a licensed physician with a progressive or chronic condition from which the parent cannot recover and that is likely to lead to debilitation or incompetence (§ 44A-5-2). It is not a general tool for any parent who will be away. A standby guardianship does not terminate parental rights; it creates co-guardianship between the parent and the standby guardian (§ 44A-5-2(i)).

There are two routes:

• Court approval in advance. A parent, a functional parent or a person acting on the parent's behalf may petition the circuit court of the child's county to approve a standby guardian (§ 44A-5-3(a)). Notice goes to each known parent, to the child if 14 or older, and to the proposed standby guardian and alternate; another known parent may request a hearing within ten days, and the court must appoint a guardian ad litem when someone other than a parent petitions (§ 44A-5-3(c)-(e)).
• Written designation. "A parent may execute a written designation of a standby guardian at anytime. The written designation shall be signed by the parent, witnessed by two adults" (§ 44A-5-5(a)).

For a court-approved standby guardian, authority begins on receipt of a determination of the parent's incompetence or a death certificate or, if the petition requested it, on receipt and filing of the parent's written consent signed after the order (§ 44A-5-4(c)). For a standby guardian named in a written designation, authority begins on receipt of a determination of incompetence, a death certificate, or a determination of debilitation together with the parent's written consent (§ 44A-5-5(b)). The standby guardian must file proof of the triggering event within 30 days. A guardian named in a written designation must also seek approval:

A designated standby guardian or alternate shall file a petition for approval with the circuit court as soon as practicable after the occurrence of the triggering event but in no event later than thirty days after the date of the commencement of his or her authority. The authority of the standby guardian shall cease upon his or her failure to so file, but shall recommence upon such filing.

W. Va. Code § 44A-5-5(d)

Letting a relative care for a child without going to court

For a child's health care, West Virginia provides an affidavit of caregiver consent (§ 49-2-703). The affidavit must include the caregiver's details, how long the child has lived with the caregiver, the caregiver's sworn signature, and the signature of the parent, guardian or legal custodian. The parent's signature is excused only when the caregiver tried and could not obtain it and the parent has not refused. People who rely on the affidavit in good faith receive immunity.

The statutory notice states the affidavit's limits:

This affidavit is valid for one year unless the minor no longer resides in the caregiver's home. Furthermore, the minor's parent, guardian or legal custodian may at any time rescind this affidavit of caregiver consent for a minor's health care by providing written notification of the rescission to the appropriate health care professional. ... This declaration does not affect the rights of the minor's parent, guardian or legal custodian regarding the care, custody and control of the minor, other than with respect to health care, and does not give the caregiver legal custody of the minor.

W. Va. Code § 49-2-703

The affidavit is a health-care consent tool, not custody and not a guardianship. A caregiver who needs authority beyond health care, or a parent who wants a court-backed arrangement, is looking at a minor guardianship under § 44-10-3 or, for a qualified parent, a standby guardian.

How to become guardian or conservator of an adult in West Virginia

Who may petition

Section 44A-2-2(a) is broad:

A petition for the appointment of a guardian, a conservator, or both, may be filed by the individual alleged to be a protected person, by a person who is responsible for the individual's care or custody, by the facility providing care to the individual, by the person that the individual has nominated as guardian or conservator, by a person acting as a de facto guardian or de facto conservator or by any other interested person, including, but not limited to, the Department of Human Services.

W. Va. Code § 44A-2-2(a)

What the petition must contain

The petition lists the person's nearest relatives in descending groups (a spouse and children; if none, parents and siblings; if none, the heirs at law), the care provider, anyone acting under a medical or financial power of attorney (with copies attached), the petitioner's attorney, the type of guardianship requested, and the proposed guardian's age, occupation and criminal history, among other items. A request for a limited guardianship must name the specific areas where help is needed (§ 44A-2-2(b)).

"The petition shall include a report by a licensed physician or psychologist evaluating the condition of the alleged protected person" (§ 44A-2-3). The court may grant leave to file without the report and order an evaluation instead.

Notice and the hearing date

"Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour and location for a hearing to take place within sixty days" (§ 44A-2-6(a)). The alleged protected person must be personally served with the notice, the petition and the evaluation report not less than 14 days before the hearing, and "the person may not waive notice and a failure to properly notify the person shall be jurisdictional" (§ 44A-2-6(b)).

The petitioner also mails the notice and petition by certified mail, return receipt requested, at least 14 days before the hearing to the persons listed in the petition who are seven years of age or older. The notice tells the person about the right to appear, to have a lawyer and to object, and it carries a large-print warning that the person may lose many rights, including whether he or she is allowed to vote. No one may be appointed without notice and an opportunity to be present (§ 44A-2-6).

A lawyer in every case, and an independent expert

West Virginia does not leave counsel to the court's discretion:

The court shall appoint legal counsel for the alleged protected person to make recommendations to the court that are in the best interests of the alleged protected person. In appointing legal counsel, the court shall consider any known preferences of the alleged protected person, or an alleged protected person may hire and pay for an attorney of his or her choice.

W. Va. Code § 44A-2-7(a)

Note the role the statute gives appointed counsel: recommendations in the person's best interests, with the person's known preferences considered. Counsel's areas of concern include whether a guardianship is needed at all, limiting it to the person's specific needs, who should serve, the bond and placement (§ 44A-2-7). Separately, "The protected person shall have the right to an independent expert of his or her choice to perform an evaluation and present evidence" (§ 44A-2-7(d)). The court must also appoint counsel when it decides a petition to end or change a guardianship (§ 44A-4-6(c)).

The hearing and the burden of proof

The court may hear the petition itself or designate the mental hygiene commissioner as the trier of fact; the commissioner's findings and recommendations go to the court, and only the court enters the order of appointment (§ 44A-2-9). "The hearing shall be closed to the public" (§ 44A-2-9(b)).

"The alleged protected person is entitled to attend the hearing, to oppose the petition, to be represented by an attorney, to present evidence, to compel the attendance of witnesses and to confront and cross-examine all witnesses" (§ 44A-2-9(c)). The hearing does not go forward without the person unless a physician's affidavit or qualified expert testimony shows that attending is not possible or would significantly harm the person's health, or the person refuses to appear.

The standard of proof to be applied in determining whether the alleged protected person is a person for whom a guardian or conservator should be appointed is clear and convincing evidence.

W. Va. Code § 44A-2-9(d)

The court must make specific findings of fact and conclusions of law in support of any order (§ 44A-2-9(e)).

Before the order of appointment issues, the guardian or conservator must file an oath, post any required bond and complete the mandatory education, which is due within 30 days of the court's determination unless the court finds it was completed in the last three years (§§ 44A-1-10, 44A-2-13(a)). Within 14 days after the order, the appointee mails it, with a large-print statement of the right to seek modification or termination, to the protected person and everyone who received notice of the petition (§ 44A-2-13(c)).

What the court weighs, and limited guardianship

The court alone decides whether to appoint, what type of appointment to make and its specific areas, and its order must contain a specific finding that the person meets the § 44A-1-4 definition. Under § 44A-2-10(a), "the court shall consider the suitability of the proposed guardian or conservator, the limitations of the alleged protected person, the development of the person's maximum self-reliance and independence, the availability of less restrictive alternatives including advance directives and the extent to which it is necessary to protect the person from neglect, exploitation, or abuse."

The limit on the order itself is written in strong terms:

A guardianship or conservatorship appointed under this article shall be the least restrictive possible, and the powers shall not extend beyond what is absolutely necessary for the protection of the individual.

W. Va. Code § 44A-2-10(c)

A limited guardian may be appointed for a person who can meet some essential requirements on his or her own, or who lives in a supervised setting (§ 44A-2-11).

Who may serve

Any adult who shows the necessary education, ability and background, and whom the court finds capable of providing an active and suitable program, may serve. An employee or affiliate of a public agency or facility that provides substantial services or financial help to the protected person generally may not, with a waiver-program exception in § 44A-1-15. A licensed nonprofit corporation, or a public agency that does not provide health care services to the protected person, may also serve if it is not otherwise providing substantial services or financial assistance to the person (§ 44A-1-8(d), (e)). A creditor of the person may not serve, except that a bank or trust company authorized to exercise trust powers in West Virginia may be appointed conservator. When no one equally or better qualified is willing to serve, the adult protective services division of the county (or another agency the Secretary of the Department of Human Services designates) is appointed guardian and the county sheriff is appointed conservator (§ 44A-1-8(h)-(j)).

Any person being considered by a court for appointment as a guardian or conservator shall provide information regarding any crime, other than traffic offenses, of which he or she was convicted and the court or mental hygiene commissioner may order a background check to be conducted by the State Police or county sheriff.

W. Va. Code § 44A-1-8(c)

A person's own nomination counts. A nomination, including one made through a medical power of attorney, a living will or a surrogate designation, is competent evidence, and the nominee is appointed if eligible and in the person's best interests (§ 44A-2-8). Otherwise the court chooses the best-qualified person, considering location, relationship, ability, commitment, conflicts of interest and criminal history (§ 44A-2-10(b)).

What a West Virginia guardian can decide, and what needs court approval

A guardian is a fiduciary responsible for the protected person's support, care, health, habilitation, education, treatment, social interactions with friends and family, and residence (§ 44A-3-1). The guardian must use that authority only as the person's limitations require, encourage the person's participation, and consider the person's expressed desires. A guardian must keep contact with the protected person at least once every six months, enough to know the person's capabilities, limitations, needs and opportunities (§ 44A-3-1(b)).

Some acts need a judge first:

A guardian shall be required to seek prior court authorization to change the protected person's residence to another state, to terminate or consent to a termination of the protected person's parental rights, to initiate a change in the protected person's marital status, to deviate from a protected person's living will or medical power of attorney, or to revoke or amend a durable power of attorney executed by the protected person.

W. Va. Code § 44A-3-1(c)

Family access. A spouse, parent, grandparent, stepparent, child, grandchild or sibling may petition the circuit court for access to and visitation with a protected person. The hearing is set within 60 days (as soon as practicable if the person's health is in recent significant decline or death is imminent), and the court may deny the petition or order access on finding by a preponderance of the evidence that the guardian is preventing access and that contact is in the protected person's best interests (§ 44A-3-17). A relative granted access must be told as soon as practicable, unless he or she waives it in writing, if the person dies, is admitted to a medical facility for three days or more, changes residence, or stays elsewhere for more than two calendar weeks (§ 44A-3-18).

Conservators: bond, inventory and protective arrangements

A conservator manages the protected person's estate and financial affairs. "The court shall order the posting of a bond by a conservator prior to appointment except where the conservator is excused from posting bond under the provisions of section eighteen, article four, chapter thirty-one-a of this code" (§ 44A-1-9(b)). Whether a guardian of an adult posts bond is in the court's discretion, and proof of any bond is due within 30 days of the bond order (§ 44A-1-9(a), (c)). A guardian of a child gives bond with security unless, for a guardian named in a will, the will directs otherwise and the court finds bond unnecessary for the child's safety (§ 44-10-5(a)).

A conservator may not be appointed when the person's total assets are worth less than $2,000 or the person's income is from Social Security with a representative payee already appointed, from Medicaid limited to the personal account allotment, or less than $50 a month or $600 a year; in those cases the guardian, representative payee or health care facility manages the personal care account or assets (§ 44A-1-8(k)).

"Within sixty days following entry of an order of appointment, a conservator shall file with the court an inventory of the real and personal estate of the protected person which has come into the conservator's possession or knowledge" (§ 44A-3-8(a)). The conservator then mails the inventory to the persons entitled to notice within 14 days.

On petition, "the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the protected person and to petition for termination of the conservatorship" (§ 44A-3-6). Protective arrangements include payments, sales, annuities, life-care contracts and trusts.

A conservator may not sell or mortgage the protected person's real estate without court approval. On the conservator's petition, the court or mental hygiene commissioner appoints a guardian ad litem and sets a hearing, and the conservator must personally serve the protected person and serve everyone entitled to notice of the original petition by certified mail at least 30 days before it (§ 44A-3-5).

Reports and court oversight

Guardians' reports and conservators' accountings are filed with the circuit clerk of the county of appointment, and also with the fiduciary commissioner or other person if the court made a referral in its order (§ 44A-3-11(a)). They are due:

1. within six months of being appointed;
2. by December 31 of each year after that;
3. when the court orders additional reports or accountings;
4. when the guardian or conservator resigns or is removed; and
5. when the appointment is terminated.

A guardian's report covers the person's condition, living arrangements, services, visits and social interactions, agreement with the treatment plan, a recommendation on whether the guardianship should continue, and compensation. If reports are not filed, the clerk notifies the court, which may order bank records, appoint counsel or set a hearing (§ 44A-3-11). A guardian or conservator who knowingly violates the reporting section commits a misdemeanor punishable by a fine of $100 to $500 (§ 44A-3-11(d)); a knowing violation of the inventory section carries a fine of $25 to $100 (§ 44A-3-8(c)). On petition, the court may waive a conservator's accountings or allow them less often than annually when the burden outweighs the benefit to the protected person (§ 44A-3-10(a)).

Temporary guardianship in an emergency

For an adult, the court may appoint a temporary guardian or temporary conservator on findings that an immediate need exists, that following the usual procedure may result in significant harm to the person or the estate, and that no other person appears to have authority to act or the person with authority is unwilling or has exercised it ineffectively or improperly (§ 44A-2-14(a)). The appointment is made on timely and adequate notice to the person after appointment or after counsel appears, and the person may petition for a substitute temporary guardian or conservator at any time (§ 44A-2-14(c)).

A temporary guardian or temporary conservator shall have only those powers and duties that are specifically set forth in the order of appointment. The appointment of a temporary guardian or temporary conservator shall expire within six months unless it is terminated or extended for up to six months by the court or mental hygiene commissioner for good cause shown following a hearing.

W. Va. Code § 44A-2-14(b)

Within five days after the order, the temporary guardian or conservator must mail a copy, with a large-print statement of the right to seek an appeal for modification or termination, to the person and to everyone entitled to notice of the original petition (§ 44A-2-14(d)).

For a child, the court may appoint a temporary guardian "upon a showing that an immediate need exists or that a period of transition into the custody of a parent is needed so long as the appointment is in the best interest of the minor," whether or not a § 44-10-3(f) condition is established. A temporary guardianship of a minor may not exceed six months, but the court may extend it on a further order finding continued need in the child's best interest (§ 44-10-3(g)).

How a West Virginia guardianship ends or is changed

An adult appointment ends on the death, resignation or removal of the guardian or conservator, on the death of the protected person, on transfer to another state, or by court order after a hearing (§ 44A-4-1). The protected person, the guardian or conservator, any other interested person, or the court on its own motion may seek to end or change it. Under § 44A-4-6(b), the court may terminate the appointment, or change its type or areas, if:

1. the protected person no longer needs the assistance or protection of a guardian or conservator;
2. the protection previously granted is excessive or insufficient for the current need;
3. the person's understanding or capacity to manage the estate and financial affairs, or to provide for his or her health, care or safety, has changed enough to warrant it;
4. no suitable guardian or conservator willing to serve can be found; or
5. it is otherwise in the protected person's best interest.

"In making a determination under this section, the court shall appoint legal counsel for the protected person" (§ 44A-4-6(c)). The hearing uses the same notice and gives the protected person the same rights as an appointment hearing, and the protected person and the guardian or conservator attend unless excused for good cause (§ 44A-4-7). A habeas petition is another route to termination (§ 44A-4-6(a)).

Alternatives to guardianship in West Virginia

Chapter 44A itself points to planning documents. Section 44A-2-10(a) names "less restrictive alternatives including advance directives" among the factors the court must consider, and a guardian needs court approval to deviate from a living will or medical power of attorney or to revoke or amend a durable power of attorney (§ 44A-3-1(c)). The petition must disclose anyone acting under a medical or financial power of attorney (§ 44A-2-2(b)).

• Powers of attorney. A person who still has capacity can name an agent for financial or health-care decisions. Signing rules are on our West Virginia power of attorney laws page. Free drafting tools are available for a West Virginia power of attorney and a West Virginia advance directive; a document is valid only if it is signed the way West Virginia law requires.
• Health-care surrogates. If no medical power of attorney representative or court-appointed guardian is available, the attending physician or advanced nurse practitioner selects a surrogate after reasonable inquiry, in this order: spouse, adult children, parents, adult siblings, adult grandchildren, close friends, and then other persons or entities the Department of Health designates in rules (§ 16-30-8(a)).
• Supported decision-making. Chapter 44A has five articles, covering definitions, appointment, administration, termination and standby guardianship, and none of them creates a supported decision-making agreement.

Federal benefits follow their own rules: Social Security appoints its own representative payee and may choose someone other than a court-appointed guardian (20 C.F.R. § 404.2001). Our guardianship hub covers the federal layer.

Moving to or from West Virginia with a guardianship

West Virginia enacted interstate guardianship provisions as Chapter 44C in 2009. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (§ 44C-3-1(a)). In the other direction:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

W. Va. Code § 44C-4-1

Moving a protected person's residence to another state also requires prior court authorization (§ 44A-3-1(c)).

West Virginia guardianship at a glance

Related West Virginia pages

• Guardianship laws by state
• West Virginia power of attorney laws
• West Virginia child custody laws
• West Virginia grandparents' rights
• West Virginia probate
• Virginia guardianship laws
• Pennsylvania guardianship laws

This article provides general legal information about West Virginia guardianship and conservatorship law, not legal advice. Cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in West Virginia or the circuit clerk of the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in West Virginia?

A responsible person with knowledge of the facts may petition the circuit or family court, which must hold a hearing within ten days after filing (W. Va. Code § 44-10-3). The court may appoint a guardian only if it finds by clear and convincing evidence that the appointment is in the child's best interest and that the parents consent, their rights were terminated, they are unwilling or unable to exercise their rights, they abandoned their rights for more than six months, or extraordinary circumstances would likely cause serious detriment if the petition is denied (§ 44-10-3(f)).

Can a relative consent to my child's medical care in West Virginia without a court order?

A caregiver may use an affidavit of caregiver consent for the child's health care. It is valid for one year unless the child no longer lives in the caregiver's home, the parent may rescind it in writing at any time, and it does not give the caregiver legal custody (W. Va. Code § 49-2-703).

Can a parent name a guardian in a will in West Virginia?

Yes. A father or mother may appoint a guardian for a child by last will and testament, for whatever period during the child's minority the parent directs (W. Va. Code § 44-10-1).

What must be proved to get guardianship of an adult in West Virginia?

That the person is a protected person under W. Va. Code § 44A-1-4, meaning that because of mental impairment the person lacks the capacity the definition describes, proved by clear and convincing evidence (§ 44A-2-9(d)). A finding of poor judgment, without more, is not sufficient, and any appointment must be the least restrictive possible (§ 44A-2-10(c)).

Does the person get a lawyer in a West Virginia guardianship case?

Yes. The court shall appoint legal counsel to make recommendations in the alleged protected person's best interests, considering known preferences, or the person may hire and pay for a lawyer of his or her choice (W. Va. Code § 44A-2-7(a)). The person also has the right to an independent expert evaluation (§ 44A-2-7(d)).

Are West Virginia guardianship hearings public?

No. The hearing on a petition to appoint a guardian or conservator is closed to the public (W. Va. Code § 44A-2-9(b)).

How long does a temporary guardianship last in West Virginia?

For an adult, it expires within six months unless the court terminates it or, for good cause after a hearing, extends it for up to six months (W. Va. Code § 44A-2-14(b)). For a child, it may not exceed six months unless the court extends it on a finding of continued need (§ 44-10-3(g)).

What is a standby guardian in West Virginia?

A guardian whose authority begins on a triggering event, available to a parent diagnosed with a progressive or chronic condition from which the parent cannot recover. A standby guardian named in a written designation must petition for court approval no later than 30 days after his or her authority begins, or that authority ceases until filing (W. Va. Code §§ 44A-5-2, 44A-5-5).

How often must a West Virginia guardian visit or report?

A guardian must keep contact at least once every six months (W. Va. Code § 44A-3-1(b)). Reports are filed within six months of appointment, by December 31 of each year after that, and at the other times § 44A-3-11(a) lists.

How is an adult guardianship ended in West Virginia?

The protected person, the guardian or conservator, any interested person, or the court may seek termination or modification, for example because the person no longer needs protection or capacity has changed, and the court shall appoint counsel for the protected person (W. Va. Code § 44A-4-6).