§ 44A-3-10 — Waiver of accountings

West Virginia § 44A-3-10

• Jurisdiction: West Virginia
• Ch. 44A: WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT
• Art. 3: GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION

Text

(a) The court, upon petition therefor, may waive the requirement that accountings be filed or may permit accountings to be filed less frequently than annually if it determines that the expense involved or burden placed on the conservator in preparing and presenting annual accountings outweighs the benefit and protection afforded thereby to the protected person.

(b) In determining whether accountings may be waived or filed less frequently than annually, the court shall consider:

(1) The relationship of the conservator to the protected person;

(2) The value of the estate and annual gross income and other receipts within the conservator’s control;

(3) The amount of the bond;

(4) The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;

(5) The extent to which the income and receipts are payable directly to a facility responsible for the care or custody of the protected person;

(6) The extent to which the income and receipts are derived from state or federal programs that require periodic accountings;

(7) Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required; and

(8) Any other factors which the court deems appropriate.

Legislative History

1994 Reg. Sess., HB4508