Senate Bill No. 736
(By Senator Caruth)
[Introduced February 18, 2008; referred to the Committee on the
A BILL to amend and reenact §37-1-3 of the Code of West Virginia,
1931, as amended, relating to appointment of either a guardian
ad litem or conservator for certain incompetent persons.
Be it enacted by the Legislature of West Virginia:
That §37-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. LANDS OF INFANTS, INSANE PERSONS, OR CONVICTS, AND
LANDS HELD IN TRUST.
§37-1-3. Guardian ad litem.
To every such infant or insane or convict defendant there
shall be appointed a guardian ad litem who shall answer on oath in
proper person: Provided, That where a conservator has been
appointed pursuant to the provisions of article three, chapter
forty-four-a of this code a guardian ad litem may not be appointed
in addition to the conservator.
The infant, if over fourteen years of age, or insane or convict defendant, may also answer on oath in
person, or by his or her
next friend or legal representative.
NOTE: The purpose of this bill is to clarify that either a
guardian ad litem or a conservator is to be appointed when the
property of a legally incompetent person is being sold.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would