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Legal Information

Adult Guardianship / Conservatorship: What Do I Need to Know?

Guardianship & Conservatorship

Posted on 04/14/2021at8:16 pm

What is a Guardian?

What is a Conservator?

What is the difference between a Guardian and a Conservator?

Can the same person be both a Guardian and a Conservator?

Who decides that I need to have a Guardian / Conservator?

How does the judge decide that I need to have a Guardian / Conservator appointed?

What if the court simply disagrees with the way I take care of myself and my property? Is this enough to support the appointment of a guardian / conservator?

How does the process get started?

Who can file a petition to have a guardian / conservator appointed for me?

Which court should the petition be filed in?

What information does the petition contain?

Will the petition or psychological evaluation be public?

How will I know if someone else petitions the court to have a guardian / conservator appointed for me?

Can I go to the hearing?

Who will represent my interests before the court?

What is a “guardian ad litem”?

What are the duties of my appointed legal counsel?

How can my appointed legal counsel carry out these duties?

Do I have any say over who will be my guardian / conservator?

You’ve been talking about nominees or nominations, doesn’t the court have to follow my instructions if I’ve already expressed who I want to serve as my guardian / conservator?

Who is eligible to serve as a guardian / conservator?

My son had some trouble with the law when he was a teenager, does this mean he cannot serve as my guardian?

Are there times when the state will become my guardian / conservator?

Are there any particular educational requirements to be a guardian / conservator?

What can I do if I think my guardian / conservator is not acting in my best interests?

What can I do if I do not think I need a guardian or conservator anymore because I can manage my own affairs?

Where can I find the laws about guardianship and conservatorship in West Virginia?