Guardianship in West Virginia
State-specific overview · Estate & Probate
West Virginia allows guardianships for minors and incapacitated adults, with preference for limited guardianships when possible.
How West Virginia treats Guardianship
West Virginia law generally follows common guardianship principles, allowing courts to appoint guardians for both minors and adults who cannot manage their affairs. The state permits limited guardianships that restrict the guardian's authority to specific powers rather than granting plenary control. West Virginia courts consider whether the person has capacity to make specific decisions, allowing for guardianships tailored to actual needs. The state requires guardians to act in the ward's best interests and maintain regular contact with the person under guardianship.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.