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Introduced Version House Bill 3061 History

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H. B. 3061


         (By Delegate Manchin (By Request))

         [Introduced March 22, 2013; referred to the

         Committee on the Judiciary.]





A BILL to amend and reenact §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the right of a minor to nominate a guardian; changing the law to require that a minor be sixteen years of age or older rather than the age of fourteen as required under existing law.

Be it enacted by the Legislature of West Virginia:

    That §44-10-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§44-10-4. Right of minor to nominate guardian.

    (a) If the minor is above the age of fourteen years, sixteen years of age or older, he or she may in the presence of the circuit or family court or in writing acknowledged before any an officer authorized to take the acknowledgment of a deed, nominate his or her own guardian, who, if approved by the court, shall be appointed accordingly.

    (b) If the guardian nominated by the minor is not appointed by the court, or if the minor resides outside the state or if, after being summoned, the minor neglects to nominate a suitable person, the court may appoint the guardian in the same manner as if the minor were under the age of fourteen sixteen years.


    NOTE: The purpose of this bill is to change the age at which a minor has the right to nominate a guardian from fourteen to sixteen.

    Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.

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