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WV Code § 44-15-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-1. Scope of Article

Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, the appointment of a guardian or committee to act in a fiduciary capacity for any person is required prior to payment of benefits, pensions, compensation for service or for any other reason for which payments are due to such person from the government of the United States or any bureau or agency thereof, the United States, or the chief officer of any such bureau or agency of the government, shall be a party in interest in any proceeding for the appointment or removal of a committee or of a guardian or for the removal of the disability of minority or mental incapacity of a ward, or in any suit or other proceeding affecting in any manner the administration by the committee or the guardian of the estate of any ward whose estate includes assets derived, in whole or in part, from benefits heretofore or hereafter paid by the United States, or any bureau or agency thereof. Not less than fifteen days prior to the hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the United States, or any bureau or agency thereof having jurisdiction in such matters over the area in which any such suit or proceeding is pending.Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, it is necessary, prior to the payment of benefits, that a committee or guardian be appointed, the appointment may be made in the manner hereinafter provided.
WV Code § 44-15-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-2. When Unlawful for Person to Accept Appointment as Guardian; Removal

Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in such case, upon his delivering to a successor, properly qualified, the property with which he was chargeable: Provided, That the limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards’ estates only: Provided further, That an individual may be guardian of more than five wards if they are all members of the same family.
WV Code § 44-15-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-3. Petition for Appointment

A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled, or if the person so entitled, shall neglect or refuse to file such petition within thirty days after mailing of notice by the bureau or other agency of the government of the United States directly interested in the payment of the sums due the person or persons to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable from the government of the United States, and shall set forth the amount of moneys then due and the amount of probable future payments.The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by an examining board employed or convened by the government of the United States in accordance with the laws and regulations governing the bureau or agency of the government from which payments are to be made.
WV Code § 44-15-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-4. Evidence of Necessity for Appointment of Guardian of Minor Ward

Where a petition is filed for the appointment of a guardian of a minor ward, a certificate setting forth the age of such minor as shown by the records and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the government of the United States shall be prima facie evidence of the necessity for such appointment.
WV Code § 44-15-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-5. Evidence of Necessity for Appointment of Guardian or Committee of Mentally Incompetent Ward

Where a petition is filed for the appointment of a guardian or committee of a mentally incompetent ward, a certificate setting forth the fact that such person has been rated incompetent by an examining board employed or convened by the government of the United States, on examination in accordance with the laws and regulations governing such bureau or agency of government from which payments are to be made, and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person, shall be prima facie evidence of the necessity for such appointment.
WV Code § 44-15-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-6. Notice

Upon the filing of a petition for the appointment of a guardian or committee under the provisions of this article, the court shall cause such notice to be given as provided by law.
WV Code § 44-15-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-7. Qualifications and Bond of Guardian

Before making an appointment under the provisions of this article the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. Such bond shall be in the form and be conditioned as required of a guardian appointed under the guardianship laws of this state. The court shall have power from time to time to require additional bond. No such bond tendered by a guardian or committee appointed under the provisions of this article shall be valid unless the surety thereon shall be a solvent surety or bonding company authorized to and legally doing business in this state. The premiums on such bond shall be properly payable out of the estate in the hands of such guardian or committee: Provided, however, That where the total estate coming into the hands of such guardian or committee shall at no time exceed the sum of $500, then a bond with at least three personal sureties thereon may be accepted if such personal sureties are solvent and are worth, respectively, the amount named as the penalty of the bond.
WV Code § 44-15-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-8. Settlement of Accounts

Every guardian, who shall receive on account of his ward any moneys from the government of the United States or any agency thereof, shall file with a fiduciary commissioner annually, on the anniversary date of the appointment, or within thirty days thereafter, in addition to such other accounts as may be required, a full, true and accurate account under oath of all moneys so received by him of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested: Provided, That in cases where the income received by the committee or guardian does not average annually more than $800, the committee or guardian may make his report of account to the commissioner once in every three years. The fiduciary commissioner shall send a true copy of each such account to the office of the bureau or other agency of the government having jurisdiction over the area in which the court is located and from which payments are made. The fiduciary commissioner shall fix a time and place for the hearing on such account not less than fifteen nor more than thirty days from the date of filing the same, and notice thereof shall be given by the fiduciary commissioner to the aforesaid bureau or other agency of the government not less than fifteen days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian.
WV Code § 44-15-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-9. Failure to Make Settlement

If any guardian shall fail to file any account of the money received by him from the bureau or other agency of the government on account of his ward within thirty days after such account is required by either the fiduciary commissioner or the bureau or other agency of the government, or shall fail to furnish the bureau or other agency of the government a copy of his accounts as required by this article, such failure shall be grounds for a removal.
WV Code § 44-15-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-10. Compensation

Compensation payable to the guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian the circuit court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau or other agency of the government in the manner provided in section eight. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond.
WV Code § 44-15-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-11. Investment of Funds

Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by law or approved by the court.
WV Code § 44-15-12 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-12. Disbursements for Support of Persons Other Than Ward

A committee shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, and a guardian of an infant shall not apply any portion of the income of the estate for the support or maintenance of any person other than the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of such petition shall be furnished the proper office of the United States or any bureau or agency thereof and notice of hearing thereon shall be given such office, bureau, or agency, as provided in the case of a hearing on a committee’s account or other pleading: Provided, however, That all periodic payments which have been heretofore or shall be hereafter made pursuant to any law of the United States or regulation of any bureau or agency thereof shall constitute income and may be expended in accordance with the provisions of this section without authority of the court.
WV Code § 44-15-13 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-13. Certified Copies of Necessary Public Records Furnished Without Cost

Whenever a copy of any public record is required by the bureau or other agency of the government to be used in determining the eligibility of any person to participate in benefits made available to such agency, the official charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the representative of such agency, with a certified copy of such record.
WV Code § 44-15-15 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-15. Discharge of Guardian

When a ward for whom a guardian has been appointed under the provisions of this article or other laws of this state shall have attained his or her majority, and, if incompetent, shall be declared competent by the examining board employed or convened by the bureau or other agency of the government of the United States and the court, and when any incompetent ward, not a minor, shall be declared competent by such examining board employed or convened by the bureau or other agency of the government of the United States and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.
WV Code § 44-15-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-16. Construction of Article

This article shall be construed liberally to secure the beneficial intents and purposes thereof, and shall apply only to beneficiaries of the government of the United States. It shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enacted it.
WV Code § 44-15-17 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-17. How Cited

This article may be cited as the “Uniform Veterans’ Guardianship Act”.
WV Code § 44-15-18 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 15. Veterans’ Guardianship and Commitment|§44-15-18. Invalidity of Part of Article

The invalidity of any portion of this article shall not affect the validity of any other portion thereof which can be given effect without such invalid part.
WV Code § 44-16-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 16. Trusts for Children With Autism|§44-16-1. Definitions

For purposes of this article, the following terms have the meanings ascribed to them, unless the context clearly indicates otherwise:(a) "Autism" means a complex developmental disability and spectrum disorder, whose diagnosis must be clinically confirmed by qualified physicians and psychiatrists after extensive examination and testing, defined by a certain set of behaviors and symptoms which affects a person's ability to communicate and interact with others.(b) "Board" means the West Virginia Children with Autism Trust Board created in section three of this article.(c) "Child with autism" means a child, under the age of eighteen, who has been clinically diagnosed as having autism to a degree to which it results in a moderate or severe impairment in two or more areas of daily living, as the terms "moderate impairment", "severe impairment" and "daily living" are defined under Title II or Title XVI of the Social Security Disability Act, or a child who has been clinically diagnosed with autism and has been determined to be disabled under either Title II or Title XVI of the Social Security Disability Act for any reason.(d) "Guardian" means a person lawfully invested with the power and charged with the duty of taking care of another person and managing the property and rights of another person who for some peculiarity of status or defect of age, understanding or self-control is considered incapable of administering his or her own affairs.(e) "Parent" means a person who is another person's natural or adoptive mother or father or who has been granted parental rights by valid court order and whose parental rights have not been terminated by a court of law.(f) "Qualified trust for a child with autism" means a trust account for a child with autism that: (1) Is established at a national bank, a state bank of a state of the United States or a trust company that at all times is no less than adequately capitalized as determined by standards adopted by United States banking regulators and that is either regulated by state banking laws of a state of the United States or is a member of the Federal Reserve System; and (2) has been approved by the West Virginia Children with Autism Trust Board in accordance with this article.(g) “Qualified trustee” means any person authorized by the laws of this state or of the United States to act as a trustee who has been approved by the board to serve as the trustee of a qualified trust for a child with autism.(h) “Tax Commissioner” means the same as that term is used in section one, article one, chapter eleven of this code.
WV Code § 44-16-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 16. Trusts for Children With Autism|§44-16-2. Creation of a Qualified Trust for a Child With Autism

(a) Any parent or guardian of a child with autism may establish a qualified trust for a child with autism. No account shall qualify as a qualified trust for a child with autism until it has been approved as such by the West Virginia Children with Autism Trust Board established in section three of this article. The board shall certify the establishment of each qualified trust to the Tax Commissioner.(b) To qualify for the tax deduction established in section twelve-i, article twenty-one, chapter eleven of this code, the parent or guardian seeking the tax deduction shall provide to the Tax Commissioner certification that the qualified trust has been authorized by the board and any other documentation required by the Tax Commissioner.(c) The following types of expenses incurred to support the designated beneficiary after the named beneficiary has reached the age of eighteen or after the death of the parent or guardian who established the trust account shall be allowable if made for the benefit of the beneficiary of the trust.(1) Education. -- Expenses for education, including tuition for preschool through post-secondary education, books, supplies and educational materials related to such education, tutors and special education services.(2) Housing. -- Expenses for housing maintained for the beneficiary, separate and apart from the housing used by the parent or guardian who established the trust account while the parent or guardian is still alive, including rent, mortgage payments, home improvements and modifications, maintenance and repairs, real property taxes and utility charges.(3) Transportation. -- Expenses for transportation, including the use of mass transit, the purchase or modification of vehicles and moving expenses.(4) Employment support. -- Expenses related to obtaining and maintaining employment, including job-related training, assistive technology and personal assistance supports.(5) Health, prevention and wellness. -- Expenses for the health and wellness, including premiums for health insurance, medical, vision and dental expenses, habilitation and rehabilitation services, durable medical equipment, therapy, respite care, long-term services and supports, and nutritional management.(6) Life necessities. -- Expenses for life necessities, including clothing, activities which are religious, cultural or recreational, supplies and equipment for personal care, community-based supports, communication services and devices, adaptive equipment, assistive technology, personal assistance supports, financial management and administrative services, life and health insurance premiums, expenses for oversight, monitoring or advocacy, and funeral and burial expenses.(7) Assistive technology and personal support services. -- Expenses for assistive technology and personal support with respect to any item described in subparts (1) through (6) above.
WV Code § 44-16-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 16. Trusts for Children With Autism|§44-16-4. Reports and Account

In addition to any other requirements of this article, the board shall:(a) Receive annual summary information on the financial condition of qualified trust funds and statements on the qualified trust funds and savings plan accounts from qualified trustees; and(b) Prepare, or have prepared, by January 1, each year, an annual report on the status of the program, including a summary of the qualified trust funds, and provide a copy of the report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Health and Human Resources Accountability.
WV Code § 44-16-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 16. Trusts for Children With Autism|§44-16-5. Confidentiality

Any information that would tend to disclose the identity of a beneficiary, account owner or donor is exempt from the provisions of the Freedom of Information Act, located in chapter twenty-nine-b of this code. Nothing in this section prohibits disclosure or publication of information in a statistical or other form which does not identify the individuals involved or provide personal information. Account owners are permitted access to their own personal information.
WV Code § 44-16-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 16. Trusts for Children With Autism|§44-16-6. Effective Date

This article is effective for years beginning on or after January 1, 2011.
WV Code § 44A-1-1 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 1. Definitions and General Provisions|§44A-1-1. Short Title and Legislative Findings

This chapter is known and may be cited as the "West Virginia Guardianship and Conservatorship Act".The Legislature finds that section six, article eight of the Constitution of the State of West Virginia gives it the discretionary authority to pass legislation which "...provides that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts..." be under the exclusive jurisdiction of circuit courts. The Legislature further finds and declares that the use of the word "all" does not require an interpretation that the Legislature must place every aspect of such matters with circuit courts, but, that because of the discretionary authority given, the Legislature may transfer, from time to time, only those matters which it believes would be better served under the jurisdiction of circuit courts.The Legislature further finds and declares that legal proceedings requiring a tribunal to determine whether persons should be appointed to manage the personal or financial affairs of individuals deemed mentally incompetent, intellectually disabled, mentally handicapped or missing involve considerations of constitutionally protected rights which can best be resolved within the circuit courts of this state.