H. B. 2732


(By Delegate Ashley)

[Introduced February 24, 1995; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section eight, article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article three of said chapter by adding thereto a new section, designated fourteen-a, all relating to nomination of guardian or conservator of alleged or adjudicated protected person; preferences; nomination of successor guardian or conservator; liability of conservator or guardian.

Be it enacted by the Legislature of West Virginia:
That section eight, article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article three of said chapter be amended by adding thereto a new section, designated fourteen-a, all to read as follows:
ARTICLE 2. PROCEDURE FOR APPOINTMENT.
§44A-2-8. Nomination of guardian or conservator of alleged or adjudicated protected person; preferences.
(a) Any person who has sufficient capacity to form a preference may at any time nominate any individual or entity to serve as his or her guardian or conservator. The nomination may be made in writing, by an oral request to the court, or may be proved by any other competent evidence. The designation of a representative under a valid medical power of attorney, a living will or of a surrogate decision-maker shall constitute competent evidence of the nomination of a guardian, and the designation of an attorney under a valid durable power of attorney shall constitute competent evidence of the nomination of a conservator.
(b) Any guardian or conservator whose appointment has not been terminated by operation of section five or otherwise removed by authority of section four, both of this article, may nominate a successor guardian or conservator for consideration by the court. The nomination may appear in a will or other writing and shall contain a brief statement of the reason or reasons for the nomination.
(c) The court shall appoint the one so nominated if the nominee is otherwise eligible to act and would serve in the best interests of the alleged or adjudicated protected person.
ARTICLE 3. GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION.
§44A-3-14a. No liability of present conservator or guardian for prior acts or failure to act of preceding conservators, guardians or committees.
No liability may accrue to any present conservator or guardian appointed under this chapter solely for the prior acts or failure to act of any committee or guardian appointed under prior law as defined in section two-f, article one of this chapter, or solely for the prior acts or failure to act of any conservator or guardian as defined in section four, article one of this chapter. No guardian or committee previously appointed under prior law may accrue any liability solely for the acts or failure to act of any preceding guardian or committee.
NOTE: The purpose of this bill is to provide for the nomination of a successor guardian or conservator and to relieve guardians and conservators of liability for certain acts or failures to act.