H. B. 4529
(By Delegates Webster, Palumbo,
Foster, Hatfield and Amores)
[Introduced
February 18, 2004
; referred to the
Committee on the Judiciary.]
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 decision
making 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, except that after
the death of the protected person, a guardian or conservator shall continue to have authority to make decisions regarding the body of
the deceased protected person including authorizing an autopsy,
making funeral arrangements, providing for cremation and
authorizing organ and tissue donation; 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.
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 decision making 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.