Senate Bill No. 107
(By Senator Chafin)
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[Introduced January 13, 2010; referred to the Committee on the
Judiciary.]
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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 possessed
of an estate to nominate a guardian.
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, he or she
may in the presence of the circuit or family court, or in writing
acknowledged before any officer authorized to take the
acknowledgment of a deed, nominate his or her own guardian
for the
purposes of managing the estate of the minor, 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 years.
NOTE: The purpose of this bill is to allow a minor above
fourteen years of age to nominate his or her own guardian for the
purposes of managing the estate of the minor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.