HOUSE CONCURRENT RESOLUTION NO. 41
(By Delegates Jenkins, Hubbard, Johnson,
Leach, Smirl, Perdue and Romine)
Requesting the joint committee on government and finance to make
a study of guardianship and conservatorship law as it
currently exists in the code of the State of West Virginia.
Whereas, Serious concerns have been expressed that protected
persons who require the appointment of a guardianship or
conservatorship under article three, chapter forty-four-a of the
code of West Virginia, are vulnerable and subject to potential
abuses with regard to their personal property and finances; and
Whereas, It has been reported that some property owned by
mainly elderly protected persons is being bought at thousands of
dollars below its appraised value, then being placed for sale for
potentially big profits; and
Whereas, Guardianship and conservatorship law should be
designed for full protection and respect of the protected person,
including some assurances that the property of the protected
person is being put to a use that best serves that individual,
including making sure that the protected persons property, where
possible, is used and enjoyed by that person; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
directed to review, examine and study the guardianship and
conservatorship law as it currently exists in the state code, and
to make recommendations to the Legislature regarding the same;
and, be it
Further Resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 2000,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the joint
committee on government and finance.
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