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Introduced Version Senate Bill 736 History

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sb736 intr
Senate Bill No. 736

(By Senator Caruth)

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[Introduced February 18, 2008; referred to the Committee on the Judiciary.]

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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 be added.
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