44A-2-1a Filing of a petition where protected person is a minor
44A-2-2 Who may file petition; contents
44A-2-3 Evaluation report
44A-2-4 Statement of financial resources
44A-2-8 Nomination of guardian or conservator of alleged or adjudicated protected person; preferences
44A-2-9 Hearing on petition to appoint
44A-2-10 Factors to be considered by court
44A-2-11 Limited guardianships

Terms Used In West Virginia Code > Chapter 44A > Article 2

  • affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conservator: means a person appointed by the court who is responsible for managing the estate and financial affairs of a protected person, and, where the context plainly indicates, the term "conservator" means or includes a "limited conservator" or a "temporary conservator. See West Virginia Code 44A-1-4
  • cross examine: Questioning of a witness by the attorney for the other side.
  • De facto conservator: means a person who is not the power of attorney representative or appointed surrogate and has assumed substantial responsibility for managing any portion of the estate and financial affairs of another person later found to be a protected person. See West Virginia Code 44A-1-4
  • De facto guardian: means a person who is not the medical power of attorney representative or appointed surrogate and has assumed substantial responsibility for any of the personal affairs of another person later found to be a protected person. See West Virginia Code 44A-1-4
  • Estate: means real and personal property or any interest in the property and means anything that may be the subject of ownership. See West Virginia Code 44A-1-4
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: means a person appointed by the court who is responsible for the personal affairs of a protected person, and, where the context plainly indicates, the term "guardian" means or includes a "limited guardian" or a "temporary guardian. See West Virginia Code 44A-1-4
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Interested person: means :

    (A) An individual who is the subject of a guardianship or conservatorship proceeding. See West Virginia Code 44A-1-4

  • intestate: Dying without leaving a will.
  • Limited conservator: means a person appointed by the court who has only those responsibilities for managing the estate and financial affairs of a protected person, as specified in the order of appointment. See West Virginia Code 44A-1-4
  • Limited guardian: means one appointed by the court who has only those responsibilities for the personal affairs of a protected person, as specified in the order of appointment. See West Virginia Code 44A-1-4
  • Living will: means a living will existing and duly executed in accordance with the provisions of article thirty, chapter sixteen of this code. See West Virginia Code 44A-1-4
  • Medical power of attorney: means a power of attorney existing and duly executed in accordance with the provisions of article thirty, chapter sixteen of this code or existing and executed in accordance with the laws of another state. See West Virginia Code 44A-1-4
  • Missing person: means an adult individual, eighteen years of age or older, who is absent from his or her usual place of residence in the state and whose whereabouts are unknown for a period of six months or more. See West Virginia Code 44A-1-4
  • Person: means , generally, a natural person, any corporation, association, partnership or other business entity, any political subdivision or other public agency, public official or any estate, trust or other collection of properties to which the law attributes the capacity of having rights or duties. See West Virginia Code 44A-1-4
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Protected person: means an adult individual, eighteen years of age or older, who has been found by a court, because of mental impairment, to be unable to receive and evaluate information effectively or to respond to people, events, and environments to such an extent that the individual lacks the capacity: (A) To meet the essential requirements for his or her health, care, safety, habilitation, or therapeutic needs without the assistance or protection of a guardian. See West Virginia Code 44A-1-4
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Surrogate decisionmaker: means an individual identified as such by an attending physician in accordance with the provisions of article thirty, chapter sixteen of this code. See West Virginia Code 44A-1-4
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.