ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 664
(By Senator Wooton)
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[Passed March 11, 1999; in effect ninety days from passage.]
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AN ACT 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 commission of the county in which the minor
resides, or if the minor is a nonresident of the state, the
county in which the minor has an estate, may appoint as the
minor's guardian a suitable person. 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.