§ 44A-4-1 — Termination of appointment of guardian or conservator

West Virginia § 44A-4-1

• Jurisdiction: West Virginia
• Ch. 44A: WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT
• Art. 4: TERMINATION, REVOCATION AND MODIFICATION OF APPOINTMENTS

Text

(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 or accounting.

(c) A guardianship or conservatorship shall terminate whenever jurisdiction is transferred to another state or if ordered by the court following a hearing on the petition of any interested person.

(d) In the case of a missing person, a conservatorship shall terminate when the missing person is located or when the person’s death is established by the production of a certified death certificate, or the person is presumed dead pursuant to the provisions of article nine, chapter forty-four of this code.

(e) The court or the mental hygiene commissioner shall prepare a termination order dismissing the guardianship or conservatorship case and discharging any bond posted by the guardian or conservator.

(f) A termination of an appointment does not affect the liability of a guardian or conservator for prior acts or the responsibility of a conservator to account for the estate of the protected person.

Legislative History

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