COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 554
(By Senator Fanning)
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[Originating in the Committee on the Judiciary;
reported March 1, 2004.]
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A BILL to amend and reenact §44A-4-5 of the code of West Virginia,
1931, as amended, relating to continuing the guardianship or
conservatorship of protected persons; and continuing the
authority of a guardian or conservator for limited
decisionmaking regarding the body of a deceased protected
person.
Be it enacted by the Legislature of West Virginia:
That §44A-4-5 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. TERMINATION, REVOCATION AND MODIFICATION OF
APPOINTMENTS.
§44A-4-5. Termination of guardianship or conservatorship of
protected person - When authorized.
A guardianship or conservatorship of a protected person shall
terminate upon the death of the protected person: Provided, That in the absence of an advanced directive or preneed burial or
cremation contract, after the death of the protected person, a
guardian or a conservator, if there is no guardian, shall continue
to have authority to make decisions regarding the body of the
deceased protected person for the purposes of authorizing an
autopsy and making funeral arrangements. The guardian's or
conservator's authority shall continue until an executor or
executrix or an administrator or administratrix has been appointed.
A guardianship or conservatorship shall terminate whenever
jurisdiction is transferred to another state or if ordered by the
court following a hearing on the petition of any interested person.
In the case of a missing person, a conservatorship shall terminate
when the person's death is established by the production of a
certified death certificate, the person is presumed dead pursuant
to the provisions of article nine, chapter forty-four of this code
or the missing person is located.
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(NOTE: The purpose of this bill is to continue the authority
of a guardian or conservator after the death of the protected
person for limited decisionmaking regarding the body of a deceased
protected person.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)