West Virginia Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a West Virginia court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on West Virginia Guardianship and Conservatorship Act, W. Va. Code Chapter 44A (Sections 44A-1-1 et seq.); minor guardianship under W. Va. Code Chapter 44, Article 10

By Settled Estate EditorialPublished: June 28, 2026Updated: July 19, 2026

What guardianship and conservatorship mean here

Guardianship and conservatorship in West Virginia is a circuit court process under the West Virginia Guardianship and Conservatorship Act (W. Va. Code Chapter 44A). On clear and convincing evidence that an adult is a 'protected person' who, because of mental impairment, cannot meet essential health, safety, or financial needs, the court appoints a guardian for personal decisions, a conservator for financial decisions, or both, using the least restrictive arrangement necessary.

In West Virginia a 'guardian' is responsible for a protected person's personal affairs, such as housing, health care, and daily needs, while a 'conservator' manages the protected person's estate and financial affairs. They are separate appointments: the court may appoint one, the other, or both, and one person may serve in both roles (W. Va. Code 44A-1-4).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of a Protected Person (Guardian of the Person)

A person appointed by the circuit court who is responsible for the personal affairs of a protected person, with the duties set out in Section 44A-3-1 (support, care, health, habilitation, treatment, and residence decisions). A guardian is not responsible for the protected person's estate unless also appointed conservator.

W. Va. Code 44A-1-4, 44A-3-1

Conservator of a Protected Person (Conservator of the Estate)

A person appointed by the circuit court who is responsible for managing the estate and financial affairs of a protected person. The conservatorship is a separate appointment from guardian of the person, though one person may serve in both roles under a single court order.

W. Va. Code 44A-1-4, 44A-3-3, 44A-3-4

Limited Guardian

A guardian who has only those responsibilities for the personal affairs of a protected person that are specified in the order of appointment. West Virginia authorizes a limited guardianship for a protected person who is capable of addressing some of the essential requirements for health, care, safety, habilitation, or therapeutic needs, and can be as narrow as a substitute decision-maker for a single major medical decision.

W. Va. Code 44A-1-4, 44A-2-11

More guardianship types6 additional arrangements courts use in specific situations, with statute cites

Limited Conservator

A conservator who has only those responsibilities for managing the estate and financial affairs of a protected person that are specified in the order of appointment, leaving the protected person to manage the remainder of the estate.

W. Va. Code 44A-1-4, 44A-2-12

Temporary Guardian or Temporary Conservator (Emergency)

Appointed on a finding of immediate need, where following the ordinary appointment procedure could result in significant harm to the person or the estate and no one else has authority to act or the person with authority is unwilling or has acted ineffectively or improperly. A temporary appointment has only the powers set out in the order and expires within six months unless terminated or extended up to six months for good cause after a hearing.

W. Va. Code 44A-2-14

Standby Guardian (Parent Designation for a Minor Child)

A parent may designate a standby guardian for a minor child in a signed writing witnessed by two adults. The standby guardian has the authority of a guardian of the person and of the property of the child and takes over on a triggering event, which is a determination of the parent's incompetence, the parent's death, or a determination of the parent's debilitation with the parent's written consent. Court approval is required for the standby guardianship to take effect.

W. Va. Code 44A-5-4, 44A-5-5

Default Guardian or Default Conservator (Public)

When no other individual, nonprofit corporation, or public agency is equally or better qualified and willing to serve, the adult protective services division of the Department of Human Services for the county of appointment is designated as default guardian, and the sheriff of the county with jurisdiction is appointed as default conservator.

W. Va. Code 44A-1-8

Testamentary Guardian of a Minor

Every father or mother may, by last will and testament, appoint a guardian for a minor child, born or to be born, for such time during the child's infancy as the parent directs.

W. Va. Code 44-10-1

Court-Appointed Guardian of a Minor

The circuit court or family court may appoint and terminate a guardian for a minor. A minor over the age of fourteen may nominate a guardian, who is appointed if approved by the court, and a guardian of a minor's estate must post bond.

W. Va. Code 44-10-3, 44-10-4, 44-10-5

Related authority: see also 44A-1-14 (temporary protective orders).

The West Virginia guardianship court process

1File Petition in Circuit CourtA petition for appointment of a guardian, a conservator, or both may be filed by the alleged protected person, a person responsible for the individual's care or custody, a care facility, a nominee, a de facto guardian or conservator, or any other interested person, including the Department of Human Services.

A petition for appointment of a guardian, a conservator, or both may be filed by the alleged protected person, a person responsible for the individual's care or custody, a care facility, a nominee, a de facto guardian or conservator, or any other interested person, including the Department of Human Services. It is filed with the circuit clerk of the county where the alleged protected person resides or where a health care or correctional facility is located, with a $110 filing fee (W. Va. Code 44A-2-1, 44A-2-2).

2Evaluation ReportAn evaluation report by a licensed physician or licensed psychologist is filed with the petition, describing the nature, type, and extent of the person's incapacity and the person's specific cognitive and functional limitations.

An evaluation report by a licensed physician or licensed psychologist is filed with the petition, describing the nature, type, and extent of the person's incapacity and the person's specific cognitive and functional limitations. The court may grant leave to file without a report for good cause and then order the evaluation (W. Va. Code 44A-2-3).

3Notice of HearingThe court promptly sets a hearing to take place within sixty days, and notice is given to the alleged protected person and other interested persons not less than fourteen days before the hearing (W.

The court promptly sets a hearing to take place within sixty days, and notice is given to the alleged protected person and other interested persons not less than fourteen days before the hearing (W. Va. Code 44A-2-6).

4Appointment of CounselThe court provides for the appointment of counsel to represent the alleged protected person in the proceeding (W.

The court provides for the appointment of counsel to represent the alleged protected person in the proceeding (W. Va. Code 44A-2-7).

5Hearing; Clear and Convincing EvidenceThe court, or a mental hygiene commissioner, conducts a hearing at which the alleged protected person may attend, be represented, present evidence, and confront witnesses.

The court, or a mental hygiene commissioner, conducts a hearing at which the alleged protected person may attend, be represented, present evidence, and confront witnesses. The court may appoint a guardian or conservator only on clear and convincing evidence that the person is a protected person in need of a guardian or conservator (W. Va. Code 44A-2-9).

6Least Restrictive DeterminationThe court must consider the availability of less restrictive alternatives, including advance directives, and any appointment must be the least restrictive possible, with powers that do not extend beyond what is absolutely necessary for the protection of the individual.

The court must consider the availability of less restrictive alternatives, including advance directives, and any appointment must be the least restrictive possible, with powers that do not extend beyond what is absolutely necessary for the protection of the individual. A limited guardianship or limited conservatorship is used where the person retains some capacity (W. Va. Code 44A-2-10, 44A-2-11, 44A-2-12).

7Order of AppointmentThe court enters an order that states the specific areas of protection or assistance for a guardian and the specific areas of management for a conservator.

The court enters an order that states the specific areas of protection or assistance for a guardian and the specific areas of management for a conservator. The guardian or conservator takes an oath, posts any required bond, and completes mandatory education unless waived (W. Va. Code 44A-2-13, 44A-1-9, 44A-1-10).

How long it takes

The hearing must be set within sixty days of filing, with at least fourteen days' notice to the protected person and interested persons (W. Va. Code 44A-2-6), so an uncontested case commonly resolves within roughly two to three months. In an emergency the court may appoint a temporary guardian or conservator that expires within six months and may be extended up to six more (W. Va. Code 44A-2-14). Reporting obligations continue for the life of the appointment: the guardian's report and the conservator's accounting are due within six months of appointment and then by December 31 of each year.

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an agent for financial and property decisions. A West Virginia power of attorney created under the Uniform Power of Attorney Act is durable unless it expressly provides that it terminates on the principal's incapacity, so it can avoid the need for a conservatorship. A durable power of attorney designation is also competent evidence of a nomination of a conservator under Section 44A-2-8.

W. Va. Code Chapter 39B (Uniform Power of Attorney Act); 44A-2-8

Medical Power of Attorney and Living Will

Allows an adult to appoint a health care representative and state treatment wishes under the West Virginia Health Care Decisions Act, avoiding the need for a guardian of the person for medical decisions. A medical power of attorney or living will is competent evidence of a nomination of a guardian under Section 44A-2-8.

W. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act); 44A-2-8

Less Restrictive Alternatives and Advance-Directive Supersession

Before appointing a guardian or conservator, the court must consider the availability of less restrictive alternatives, including advance directives, and any appointment must be the least restrictive possible. A validly executed living will, medical power of attorney, durable power of attorney, or other advance directive may eliminate, limit, or supersede the need for a guardian or conservator.

W. Va. Code 44A-2-10, 44A-1-3

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets. Governed by the West Virginia Uniform Trust Code.

West Virginia Uniform Trust Code, W. Va. Code Chapter 44D

Planning ahead: naming a guardian in advance

Naming a guardian in advance: West Virginia lets any person with sufficient capacity to form a preference nominate, at any time, the individual or entity to serve as guardian or conservator if one is later needed, and the court must appoint that nominee if the nominee is eligible and would serve the person's best interest (W. Va. Code 44A-2-8). A designation under a valid medical power of attorney, living will, or surrogate designation is competent evidence of a nomination of a guardian, and a designation of an agent under a valid durable power of attorney is competent evidence of a nomination of a conservator. The strongest pre-need tools are the durable power of attorney (W. Va. Code Chapter 39B, financial decisions) and the medical power of attorney and living will (W. Va. Code Chapter 16, Article 30, health care decisions), each of which under Sections 44A-1-3 and 44A-2-10 may eliminate, limit, or supersede the need for a guardian or conservator. A parent may also designate a standby guardian for a minor child under Section 44A-5-5 and appoint a guardian for a minor child by will under Section 44-10-1.

Guardianship costs

Court filing fee: $110 to file a petition for appointment of a guardian or conservator in circuit court under W. Va. Code 44A-2-1: $75 is retained by the circuit clerk and $35 is remitted to the Enforcement of Guardianship and Conservatorship Act Fund, an interest-bearing account administered by the West Virginia Supreme Court of Appeals. The petitioner pays the fee and may seek reimbursement from the protected person's estate if funds exist (W. Va. Code 44A-2-1).
Court appointed counsel: $400 to $2,000 for counsel appointed to represent the alleged protected person at the hearing (W. Va. Code 44A-2-7), usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000 for the evaluation report by a licensed physician or licensed psychologist required under W. Va. Code 44A-2-3
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if the appointment is contested
Bond premium: Set by the court when a bond is required (W. Va. Code 44A-1-9), roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you prepare the guardian's report or conservator's accounting yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in West Virginia?

What are the alternatives to guardianship in West Virginia?

Less restrictive alternatives in West Virginia include Durable Power of Attorney, Medical Power of Attorney and Living Will, Less Restrictive Alternatives and Advance-Directive Supersession, Representative Payee. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the West Virginia guardianship process take?

Do I need a lawyer to file for guardianship in West Virginia?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some West Virginia courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in West Virginia: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of July 19, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.