H. B. 3061
(By Delegate Manchin (By Request))
[Introduced March 22, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §44-10-4 of the Code of West Virginia,
1931, as amended, relating to the right of a minor to nominate
a guardian; changing the law to require that a minor be
sixteen years of age or older rather than the age of fourteen
as required under existing law.
Be it enacted by the Legislature of West Virginia:
That §44-10-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. GUARDIANS AND WARDS GENERALLY.
§44-10-4. Right of minor to nominate guardian.
(a) If the minor is above the age of fourteen years, sixteen
years of age or older, he or she may in the presence of the circuit
or family court or in writing acknowledged before any an officer
authorized to take the acknowledgment of a deed, nominate his or her own guardian, who, if approved by the court, shall be appointed
accordingly.
(b) If the guardian nominated by the minor is not appointed by
the court, or if the minor resides outside the state or if, after
being summoned, the minor neglects to nominate a suitable person,
the court may appoint the guardian in the same manner as if the
minor were under the age of fourteen sixteen years.
NOTE: The purpose of this bill is to change the age at which
a minor has the right to nominate a guardian from fourteen to
sixteen.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.