US Lawyer Database

§44C-5-3. Transitional Provision

(a) This act applies to guardianship and protective proceedings begun on or after the effective date of this chapter as enacted by the seventy-ninth Legislature of West Virginia in 2009. (b) Articles one, three and four and sections five hundred one and five hundred two of this article apply to proceedings begun before the effective […]

§44C-5-2. Relation to Electronic Signatures in Global and National Commerce Act

This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U. S. C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of said act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) […]

§44C-2-6. Jurisdiction Declined by Reason of Conduct

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction;

§44C-2-7. Notice of Proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to […]

§44C-2-8. Proceedings in More Than One State

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section three of this article, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another […]

§44C-3-1. Transfer to Another State

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section must be given to the persons who would be entitled to notice of a petition in this state for the appointment of […]

§44C-3-2. Accepting Guardianship or Conservatorship Transferred From Another State

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section one of this article, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) […]

§44C-4-1. Registration of Guardianship Orders

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 […]

§44C-4-2. Registration of Protective Orders

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment […]