When A Court Appoints A Guardian
W. Va. Code § 44A-2-10 — a petition, a lawyer for the person, and the least restrictive guardianship possible
A petition for a guardian, a conservator or both may be filed by the person themselves, a caregiver, a care facility, a person they nominated, or any other interested person, including the Department of Human Services.
A lawyer for the person. The court appoints legal counsel for the person, considering their known preferences, or the person may hire their own attorney.
The court alone decides whether to appoint a guardian or conservator and what powers to give, considering less restrictive alternatives such as advance directives and the person's greatest possible independence.
Any guardianship is to be the least restrictive possible. A particular case is a question for a licensed West Virginia attorney.
Sources for this section (3)
- W. Va. Code § 44A-2-2 — Guardianship: who may file petition; contents
- W. Va. Code § 44A-2-7 — Guardianship: appointment of counsel
- W. Va. Code § 44A-2-10 — Guardianship: factors to be considered by court
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.