H. B. 2732
(By Delegate Ashley)
[Passed March 10, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact section eight, article two, chapter
forty-four-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article three
of said chapter by adding thereto a new section, designated
section fourteen-a, all relating to the nomination or
appointment of guardians or conservators of protected
persons; providing for the nomination of guardians or
conservators; authorizing the nomination of successor
guardians or conservators; and limiting the liability of
guardians or conservators and of guardians or committees
appointed under prior law.
Be it enacted by the Legislature of West Virginia:
That section eight, article two, chapter forty-four-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that article three of said
chapter be amended by adding thereto a new section, designated fourteen-a, all to read as follows:
ARTICLE 2. PROCEDURE FOR APPOINTMENT.
§44A-2-8. Nomination of guardian or conservator of alleged or
adjudicated protected person; preferences.
(a) Any person who has sufficient capacity to form a
preference may at any time nominate any individual or entity to
serve as his or her guardian or conservator. The nomination may
be made in writing, by an oral request to the court, or may be
proved by any other competent evidence. The designation of a
representative under a valid medical power of attorney, a living
will or of a surrogate decision-maker shall constitute competent
evidence of the nomination of a guardian, and the designation of
an attorney under a valid durable power of attorney shall
constitute competent evidence of the nomination of a conservator.
(b) A guardian or conservator whose appointment has not been
terminated or who has not been otherwise removed pursuant to the
provisions of section four or section five of this article may
nominate a successor guardian or conservator for consideration by
the court. The nomination may appear in a will or other writing
and shall contain a brief statement of the reason or reasons for
(c) The court shall appoint the one so nominated if the
nominee is otherwise eligible to act and would serve in the best interests of the alleged or adjudicated protected person.
ARTICLE 3. GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION.
§44A-3-14a. No liability of present conservator or guardian for
prior acts or failure to act of preceding conservators,
guardians or committees.
No liability may accrue to any present conservator or
guardian appointed pursuant to the provisions of this chapter
solely for the prior acts or failure to act of any committee or
guardian appointed under prior law, as defined in subsection (f),
section two, article one of this chapter, or solely for the prior
acts or failure to act of any preceding conservator or guardian,
as defined in section four, article one of this chapter. No
liability may accrue to any guardian or committee appointed under
prior law, as defined in subsection (f), section two, article one
of this chapter, solely for the acts or failure to act of any
preceding guardian and committee.