WV risk area
Guardianship risk in West Virginia
How courts appoint guardians for minors when no plan is in place.
West Virginia allows minors age 14 or older to nominate a guardian, subject to court approval, and courts may consider younger minors' preferences.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A minor over age 14 may nominate a guardian in court or by written acknowledgment, and the court appoints the nominee if approved.
- For minors under 14, the court may consider the minor's reasonable preference if the child is sufficiently mature.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in West Virginia
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
West Virginia allows minors age 14 or older to nominate a guardian, subject to court approval, and courts may consider younger minors' preferences.
- A minor over age 14 may nominate a guardian in court or by written acknowledgment, and the court appoints the nominee if approved.
- For minors under 14, the court may consider the minor's reasonable preference if the child is sufficiently mature.
- Older minors may nominate a guardian, subject to court approval.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in West Virginia.