West Virginia Guardianship Attorneys Help You Protect Your Loved Ones
Charleston estate planning lawyers formalize supportive relationships
Guardianship is the legal authority to manage the personal affairs of an individual who has been determined to need special protection. The individual may be a minor or an adult who’s lost the capacity for self-care. The experienced lawyers at Pullin, Fowler, Flanagan, Brown & Poe can help you secure a court-appointed guardianship, either for a temporary emergency or on a permanent basis.
Basics of guardianship in West Virginia
A guardian is charged with seeing to the health, safety and personal affairs of a ward. The ward might be a non-emancipated minor who requires responsible, adult supervision prior to reaching the age of majority. Or the ward might be an adult, 18 years of age or older, who suffers from a mental impairment and therefore lacks the capacity to manage their own basic needs.
A court vests a guardian with authority to provide the supportive assistance and protection called for by the circumstances. If the ward requires help with finances and property, the court can appoint a conservator for those purposes. The guardian and conservator can be the same person.
The practical responsibilities of a guardian can include supervision over:
- Maintenance of residential facilities
- Provision of meals and daily personal care
- Education and extracurricular activities
- Transportation
- Healthcare
A guardian has authority over responsibilities specified in the order of appointment. A court may appoint a temporary guardian in cases of immediate need, usually for 45 days or until a permanent appointment is made. A guardian cannot have a financial interest in any entity that provides services to the ward.
A guardian or conservator assumes a legally enforceable duty to act in the best interests of the ward. The court retains oversight authority and requires the filing of periodic reports on issues affecting the ward’s health and welfare. A guardian or conservator is entitled to reasonable compensation from the ward’s estate.
The legal process for becoming a guardian in West Virginia
A person seeking to be a guardian files a petition with the court, describing the reasons for seeking the appointment and stating the petitioner’s qualifications to serve in the role. The petitioner must also file a physician or psychologist’s report and a statement of financial resources. The court holds a hearing to determine whether an appointment is warranted and whether the petitioner is a suitable candidate. Once appointed, the guardian must complete mandatory training within 30 days.
The importance of legal representation for guardianship proceedings
To obtain an appointment as a guardian, you must appear before the court as a mature individual capable of making responsible decisions. Inaccurate or incomplete filings paint the opposite picture. By retaining professional representation from a knowledgeable estate planning lawyer, you can present yourself to the court in your best light.
Legal representation is vital in cases where the ward objects to the appointment. Older adults who are alleged to be losing capacity for self-care might refuse to acknowledge a need for assistance. They are entitled to representation to help them oppose the guardianship. Your attorney must counter that opposition with skill and consideration to achieve a feasible working arrangement.
Contact an attorney experienced in guardianship appointments
Pullin, Fowler, Flanagan, Brown & Poe provides representation for clients seeking court-appointed guardianships throughout West Virginia, Ohio, and Kentucky. Call us at 304-344-0100 or contact us online to retain caring and capable representation.
