H. B. 2732
(By Delegate Ashley)
[Introduced February 24, 1995; referred to the
Committee on the Judiciary.]
A BILL 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
fourteen-a, all relating to nomination of guardian or
conservator of alleged or adjudicated protected person;
preferences; nomination of successor guardian or
conservator; liability of conservator or guardian.
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) Any guardian or conservator whose appointment has not
been terminated by operation of section five or otherwise removed
by authority of section four, both 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 the
(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 under this chapter solely for the prior acts
or failure to act of any committee or guardian appointed under
prior law as defined in section two-f, article one of this
chapter, or solely for the prior acts or failure to act of any
conservator or guardian as defined in section four, article one
of this chapter. No guardian or committee previously appointed
under prior law may accrue any liability solely for the acts or
failure to act of any preceding guardian or committee.
NOTE: The purpose of this bill is to provide for the
nomination of a successor guardian or conservator and to relieve
guardians and conservators of liability for certain acts or
failures to act.