By Mr. Speaker, Mr. Chambers, and Delegates Douglas and Ashley:
H. C. R. 18--"Requesting the Joint Committee on Government and Finance to appoint an interim committee to study the availability of persons to serve as guardians and conservators for persons in need of protection."
Whereas, Matters involving the care, protection and substitute decision making of persons who are vulnerable and in need of protection have been of concern to legislative bodies nationally for many years; and
Whereas, The West Virginia Legislature has responded to such issues by enacting the Medical Power of Attorney Act in 1990, amendments to the Natural Death Act in 1991, the Do Not Resuscitate Act in 1993, the Health Care Surrogate Act in 1993, and the Guardianship and Conservatorship Act in 1994; and
Whereas, The West Virginia Legislature finds and hereby declares that outside the scope of these landmark statutes, there remains a significant and growing number of West Virginians who need guardianship and conservatorship protection but who lack family members or friends willing to serve as their guardians and/or conservators; and
Whereas, The studies of qualified researchers, the experiences of other states, and the results of a recent pilot project in West Virginia indicate that with public involvement the guardianship and conservatorship needs of these persons can adequately be met; and
Whereas, The West Virginia Legislature recognizes the necessity of assessing the magnitude of the problem statewide, examining and defining the role of public agencies, and determining the efficient use of public funds in the guardianship and conservatorship process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to collect and analyze data on the magnitude of the problem statewide, to review alternatives for assuring the availability of last-resort guardians and conservators for persons in need of protection, and to examine and evaluate the operations and costs of such proposed alternatives; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, one thousand nine hundred ninety-six, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the interim committee, among other resources, seek input from and consult with the West Virginia guardianship commission in conducting the study and in developing any recommendations, reports or legislation resulting therefrom; and, be it
Further Resolved, That the expenses necessary, including adequate research staff, to conduct this study, to prepare a report and to draft legislation be paid from legislative appropriations tothe Joint Committee on Government and Finance.