§ 44A-2-15 — Notice of hearing on petitions subsequent to the appointment of a guardian or conservator

West Virginia § 44A-2-15

• Jurisdiction: West Virginia
• Ch. 44A: WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT
• Art. 2: PROCEDURE FOR APPOINTMENT

Text

(a) Except as otherwise provided herein or as ordered by the court for good cause shown, notice of hearing on a petition for an order subsequent to the appointment of a guardian or conservator shall be personally served upon the protected person and mailed to an appointed counsel or attorney of record, to those individuals who would be entitled to notice of the filing of an original petition to appoint, to any facility that is responsible for the care and custody of the protected person, to the guardian or conservator, if the guardian or conservator is not the petitioner, and to other individuals or entities as the court may order.

(b) Unless otherwise ordered by the court, the notice shall be personally served upon the protected person and mailed by the petitioner by certified mail return receipt requested to other parties entitled to notice at least fourteen days prior to the hearing and shall be accompanied by a copy of the petition and other relevant documents. A copy of the certified mail return receipts shall be filed in the office of the circuit clerk on or before the date of the hearing.

(c) The court or mental hygiene commissioner may conduct hearings on subsequent petitions filed pursuant to this chapter.

Legislative History

2009 Reg. Sess., HB3170; 2009 Reg. Sess., SB671; 1994 Reg. Sess., HB4508