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Home » US Law » 2022 West Virginia Code » Chapter 44A. West Virginia Guardianship and Conservatorship Act » 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 upon the death, resignation or removal of the guardian or conservator. (b) The appointment further terminates upon the death of the protected person. The guardian or conservator shall file the certified death certificate of the protected person with the circuit clerk with a final report […]

§44A-4-2. Appointment of Successor Guardian or Conservator

The court may appoint a successor guardian or conservator prior to or at the time of a termination. A successor guardian appointed prior to a termination shall be immediately empowered to assume the duties of office but shall be required to file the requisite oath, post any required bond, and complete mandatory education, if required […]

§44A-4-3. Resignation of Guardian or Conservator

A guardian or conservator shall petition the court for permission to resign at least sixty days prior to the effective date of resignation. The court shall grant the permission to resign, except for good cause, and, pursuant to the provisions of section two of this article, shall appoint a suitable successor who is willing to […]

§44A-4-4. Removal of Guardian or Conservator

Upon the petition of any interested person or upon the motion of the court, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator: (1) Is acting under an order entered pursuant to material misrepresentation or mistake, whether fraudulent or innocent;

§44A-4-5. Duty of Guardian or Conservator Subsequent to Death of Protected Person

In the absence of an advanced directive, such as a will, living will or power of attorney, or preneed burial or cremation contract, after the death of the protected person, a guardian or a conservator, if there is no guardian, shall continue to have authority to make decisions regarding the body of the deceased protected […]

§44A-4-6. Petition for Termination, Revocation or Modification; Standards

(a) Upon a petition filed pursuant to this section, or upon a petition for a writ of habeas corpus, duly filed, the court may terminate the appointment of a guardian or conservator. (b) Upon petition by the protected person, by the guardian or conservator, by any other interested person, or upon the motion of the […]

§44A-4-7. Hearing on Petition to Terminate, Revoke or Modify

A hearing on a petition to terminate, revoke or modify shall be conducted with the same notice and in the same manner and the protected person shall have the same rights as the protected person would obtain at a hearing on a petition for the appointment of a guardian or conservator. The protected person and […]