ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 664

(By Senator Wooton)

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[Originating in the Committee on the Judiciary;

reported February 26, 1999.]

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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 the appointment and termination of guardians by county commissions.

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:
ARTICLE 10. GUARDIANS AND WARDS GENERALLY.
§44-10-3. Appointment and revocation of guardian by county commission.

(a) The county court commission of any the county in which any the minor resides, or, if he the minor be is a nonresident of the state, the county in which he the minor has any an estate, may, unless he have a guardian appointed as aforesaid by his father or mother, appoint as the minor's guardian for him some a suitable person, preferring first the. The father or mother shall receive priority.; but in However, in every case, the competency and fitness of the person, proposed guardian and the welfare and best interests of the minor, shall govern be given precedence by the court in making the selection when appointing the guardian.
(b) The county commission, the guardian, or the minor may revoke or terminate the guardianship appointment when:
(1) The minor reaches the age of eighteen and executes 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) The guardian or the minor dies;
(3) The guardian petitions the county commission to resign and the county commission enters an order approving the resignation; or
(4) A petition is filed by the guardian, the minor, an interested person or upon the motion of the county commission stating that the minor is no longer in need of the assistance or protection of a guardian.
(c) A guardianship shall not be terminated by the county commission if there are any assets in the estate due and payable to the minor: Provided, That another guardian may be appointed upon the resignation of a guardian whenever there are assets in the estate due and payable to the minor.
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 (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.)