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West Virginia Petition for the Appointment of a Conservator / Guardian

State:
West Virginia
Control #:
WV-SCA-CG901
Format:
PDF
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Description

Petition for the Appointment of a Conservator / Guardian - This is an official form from the West Virginia Supreme Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by West Virginia statutes and law.

How to fill out West Virginia Petition For The Appointment Of A Conservator / Guardian?

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FAQ

A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.

A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.

Fix the residence or specific dwelling of the young adult child. Have access to the confidential records and papers of the young adult child. Control the right of the young adult child's right to enter into contracts. Give or withhold medical consent regarding the young adult child.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

The first step in any effort to obtain legal guardianship in the state of Virginia is to file a petition with the Virginia Circuit Court in the city or county where the person of concern resides, or where he or she resided prior to entering a nursing home or care facility. Anyone may file such a petition.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.

The out-of-pocket costs to begin a conservatorship are the filing fee, which ranges from $278 to $1,176 (in 2019) depending on the amount of assets, plus the expenses for having the respondent personally served, getting certified copies from the court, etc., which are usually around $200.

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West Virginia Petition for the Appointment of a Conservator / Guardian