SENATE CONCURRENT RESOLUTION NO. 29
(By Senator Manchin)
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 decisionmaking 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,
1996, 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 to the joint committee on government and
finance.
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