H. B. 4273
(By Delegates Foster, Webster,
Amores and Palumbo)
[Introduced February 3, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §44-10-3 of the code of West Virginia,
1931, as amended, relating to the guardianship of minors
generally and providing that family courts appoint guardians
of minors.
Be it enacted by the Legislature of West Virginia:
That §44-10-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. GUARDIANS AND WARDS GENERALLY.
§44-10-3. Appointment and revocation of guardian by family court.
(a) The county commission family court of the county in which
the minor resides, or if the minor is a nonresident of the state,
the county in which the minor has an estate, may appoint as the
minor's guardian a suitable person. The father or mother shall
receive priority. However, in every case, the competency and
fitness of the proposed guardian and the welfare and best interests of the minor shall be given precedence by the court when appointing
the guardian.
(b) The county commission family court, the guardian or the
minor may revoke or terminate the guardianship appointment when:
(1) The minor reaches the age of eighteen and executes a
release stating that the guardian estate was properly administered
and that the minor has received the assets of the estate from the
guardian;
(2) The guardian or the minor dies;
(3) The guardian petitions the county commission family court
to resign and the county commission family court enters an order
approving the resignation; or
(4) A petition is filed by the guardian, the minor, an
interested person or upon the motion of the county commission
family court stating that the minor is no longer in need of the
assistance or protection of a guardian.
(c) A guardianship shall not be terminated by the county
commission family court if there are any assets in the estate due
and payable to the minor: Provided, That another guardian may be
appointed upon the resignation of a guardian whenever there are
assets in the estate due and payable to the minor.
NOTE: The purpose of this bill is to change the authority to
appoint guardians of minors from the county commission to the
family court.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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