West Virginia § 44A-4-5 Duty of guardian or conservator subsequent to death of protected person

West Virginia Statutes

§ 44A-4-5 — Duty of guardian or conservator subsequent to death of protected person

West Virginia § 44A-4-5

Ch. 44AWEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT

Art. 4TERMINATION, REVOCATION AND MODIFICATION OF APPOINTMENTS

This text of West Virginia § 44A-4-5 (Duty of guardian or conservator subsequent to death of protected person) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44A-4-5 (2026).

Text

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 person for the purposes of authorizing an autopsy and making funeral arrangements. The guardian's or conservator's authority shall continue until an executor or executrix or an administrator or administratrix has been appointed.

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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 person for the purposes of authorizing an autopsy and making funeral arrangements. The guardian's or conservator's authority shall continue until an executor or executrix or an administrator or administratrix has been appointed.