Guardianship of a Child or Adult in West Virginia

The circuit court and family court both may appoint a guardian for a minor, generally in the county where the child has lived for the past six months. Any responsible person who knows the facts about the child's welfare may petition (except a person whose parental rights were terminated), and the court holds a hearing within 10 days. The court may appoint a guardian if it finds by clear and convincing evidence that it is in the child's best interest and the parents consent, their rights were terminated, they are unwilling or unable to exercise parental rights, they abandoned their rights for more than six months, or extraordinary circumstances would seriously harm the child if the petition were denied.

File a petition with the circuit clerk in the county where the person lives (or where a health care or correctional facility housing them is located); the filing fee is $110, waived for those unable to pay. The court decides whether to appoint a guardian or conservator and what powers to grant, considering the person's limitations, maximum self-reliance and independence, less restrictive alternatives including advance directives, and the need for protection from neglect, exploitation or abuse. Any guardianship or conservatorship must be the least restrictive possible, with powers no broader than absolutely necessary.