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.