HB3170 HFAT Webster & Boggs 5-26
Delegates Webster and Boggs moves to amend Enrolled House Bill
3170 by striking out the title and substituting therefor a new
title, to read as follows:
Enrolled H. B. 3170 -- "An Act to amend and reenact §44A-1-7,
§44A-1-9, §44A-1-10 and §44A-1-14 of the Code of West Virginia,
1931, as amended; to amend and reenact §44A-2-1, §44A-2-5,
§44A-2-6, §44A-2-7, §44A-2-12, §44A-2-13, §44A-2-13a, §44A-2-14 and
§44A-2-15 of said code; to amend and reenact §44A-3-11 of said
code; and to amend and reenact §44A-4-1 and §44A-4-5 of said code,
all relating to the West Virginia Guardianship and Conservatorship
Act; clarifying the filing and review of the periodic accounting of
conservators of incapacitated persons generally; clarifying
transfer of venue; clarifying the posting of bond by conservators;
authorizing the West Virginia Supreme Court of Appeals to
coordinate education program, update materials and forms; expanding
temporary protective orders to include freezing accounts and
producing records; increasing filing fee for guardianship and
conservatorship; transferring certain funds to the Supreme Court of
Appeals; using additional fee for review of reports and accountings
by fiduciary commissioner or other person; clarifying who can
access case files; clarifying who is responsible for proper
service; clarifying duties and fees of appointed counsel;
clarifying when limited conservatorship is needed; clarifying
orders of the court and time of entry; authorizing appointment of fiduciary commissioner or other person to review reports; creating
a notice of appointment to be filed with the clerk of the county
commission; increasing temporary guardianships and conservatorships
to six months; clarifying procedure for subsequent petitions;
clarifying time frame for reports and accountings; increasing
penalties for failure to file reports and accountings; reporting
elder abuse; clarifying when appointments terminate; clarifying
duties of guardian and conservator subsequent to death of protected
person; and making technical corrections."