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Introduced Version Senate Bill 640 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 640

(By Senators Wooton, Hunter, Sprouse, McCabe and Rowe)

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[Introduced March 26, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to filing under the West Virginia guardianship and conservatorship act a petition for appointment of a guardian and conservator for a minor approaching adulthood.

Be it enacted by the Legislature of West Virginia:

That article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-a, to read as follows:

ARTICLE 2. PROCEDURE FOR APPOINTMENT.

§44A-2-1a. Filing of a petition where interested person is a minor.

(a) A petition for the appointment of a guardian, a conservator or both, may be filed on behalf of an interested person who is a minor: Provided, That the interested person reaches eighteen years of age within sixty days subsequent to the filing of the petition or upon the entry of the final order appointing a guardian, a conservator, or both.
(b) A hearing as described in section nine of this article to consider a petition filed in accordance with this section shall occur no more than fourteen days prior to the alleged protected person's eighteenth birthday if the trier of fact be the mental hygiene commissioner, or no more than seven days prior to said date if the circuit judge conducts the hearing.

NOTE: The purpose of this bill is to allow the filing under the West Virginia Guardianship and Conservatorship Act of a petition for appointment of a guardian and conservator for a minor approaching adulthood.

This is a new section; therefore, underlining and strike- throughs have been omitted.
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