Senate Bill No. 664

(By Senator Wooton)

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[Introduced February 22, 1999;

referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section three, article ten, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to appointment and revocation of guardians by county commission.

Be it enacted by the Legislature of West Virginia:
That section three, article ten, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ยง44-10-3. Appointment and revocation of guardian by county court commission.

(a) The county court commission of any county in which any minor resides, or, if he the minor be a nonresident of the state, in which he the minor has any estate, may, unless he have a guardian appointed as aforesaid by his father or mother, appoint as guardian for him some suitable person, preferring first the father or mother; but in every case the competency and fitness of the person, and the welfare and best interests of the minor, shall govern the court in making the selection.
(b) The county commission, the guardian, or the minor may revoke or terminate the guardianship appointment as follows: (1) When the minor has reached the age of eighteen and has executed a release stating that the guardian estate was properly administered and that the minor has received the assets of the estate from the guardian; (2) when the guardian or the minor dies; (3) when the guardian petitions the county commission to resign and the county commission enters and order approving the resignation; or (4) upon the filing of a petition by the guardian, the minor, any other interested person or on the county commission's motion if it can determine by documentary evidence that the minor is no longer in need of the assistance or protection of a guardian, except that the guardianship shall not be terminated if there are any assets due and payable to the minor.

 NOTE: The purpose of this bill is to provide an administrative procedure to close guardian files.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.