reglab/housing_qa huggingface dataset:
WV Code § 44A-3-13 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-13. Personal Liability of Guardians

(a) A guardian shall have a fiduciary duty to the protected person for whom he or she was appointed guardian and may be held personally liable for a breach of that duty, including being required to pay restitution for any embezzled or concealed funds. (b) A guardian is not liable for the acts of the protected person, unless the guardian is personally negligent, nor is a guardian required to expend personal funds on behalf of the protected person.
WV Code § 44A-3-14 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-14. Personal Liability of Conservators

(a) A conservator shall have a fiduciary duty to the protected person for whom he or she was appointed conservator and may be held personally liable for a breach of that duty, including being required to pay restitution for any embezzled or concealed funds.(b) Unless otherwise provided in the contract, a conservator is not personally liable on a contract entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity or to identify the estate in the contract.(c) A conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally negligent.(d) Claims based upon contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.(e) A successor conservator is not personally liable for the contracts or actions of a predecessor. However, a successor conservator is not immunized from liability for a breach of fiduciary duty committed by a predecessor if the successor learns of the breach and fails to take reasonable corrective action.
WV Code § 44A-3-14a (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-14a. No Liability of Present Conservator or Guardian for Prior Acts or Failure to Act of Preceding Conservators, Guardians or Committees

No liability may accrue to any present conservator or guardian appointed pursuant to the provisions of this chapter solely for the prior acts or failure to act of any committee or guardian appointed under prior law, as defined in subsection (f), section two, article one of this chapter, or solely for the prior acts or failure to act of any preceding conservator or guardian, as defined in section four, article one of this chapter. No liability may accrue to any guardian or committee appointed under prior law, as defined in subsection (f), section two, article one of this chapter, solely for the acts or failure to act of any preceding guardian and committee.
WV Code § 44A-3-15 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-15. Protection for Persons Conducting Business With Guardians and Conservators

Any individual or entity who, in good faith, conducts business with a guardian or conservator as to any matter or transaction is entitled to presume that the guardian or conservator is properly authorized to act. The fact that an individual or entity conducts business with a guardian or conservator with knowledge of the representative capacity does not alone require an inquiry into the authority of the guardian or conservator, except that any such individual or entity shall be charged with knowledge of restrictions which may appear in an order appointing the guardian or conservator. No individual or entity shall be required to see to the proper application of any funds or property paid to or delivered to a conservator.
WV Code § 44A-3-16 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-16. Court Modification of Powers and Duties of Guardian or Conservator

Nothing in this chapter shall prohibit the court from limiting the powers which may otherwise be exercised by a guardian or conservator without prior court authorization, from authorizing transactions which might otherwise be prohibited, or from granting additional powers to a guardian or conservator. Nothing in this chapter shall prohibit a guardian or conservator from seeking court authorization, instructions or ratification for any actions, proposed actions, or omissions to act.
WV Code § 44A-3-17 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-17. Petition by Certain Persons for Access to Persons in Guardianship; Hearing and Court Order

(a) As used in this section, unless the context otherwise requires, “relative” means a spouse, parent, grandparent, stepparent, child, grandchild, sibling or half sibling. The term includes said relationships that are created as a result of adoption. (b) A relative may file a petition in circuit court seeking access to and information about a protected person which may include the opportunity to have visitation and contact with the protected person. The petition may be filed in the circuit court of the county in which the protected person resides or if the protected person has been admitted to a health care facility in a county other than that in which he or she resides in the circuit court of the county in which the heath care facility is located. (c) The court shall schedule a hearing on the petition within sixty days of the petition being filed: Provided, That if the petition alleges that the protected person’s health is in recent significant decline or he or she is at imminent risk of death, an emergency hearing shall be scheduled as soon as practicable. The court may continue a hearing for good cause shown.(d) Service of process upon the guardian shall be by personal service, consistent with the West Virginia Rules of Civil Procedure. Service of the petition shall be effected at least ten days prior to the scheduled hearing date: Provided, That where an emergency hearing is sought pursuant to subsection (c) of this section, service of process upon the guardian shall be as far in advance of the scheduled hearing date as possible.(e) Upon notice and hearing the court may:(1) Deny the petition;(2) Order the guardian to allow the petitioner access to the protected person upon finding, by a preponderance of the evidence, that the guardian is preventing access by the petitioner to the protected person, and that contact with the petitioner is in the best interests of the protected person.(f) The court may, in its discretion, order the disclosure to the petitioner of such confidential information, as delineated in section one of article three of chapter twenty-seven of this code, as it may deem appropriate.(g) The court may, in its discretion, award the prevailing party in an action brought under this section court costs and reasonable attorney’s fees. Court costs and attorney’s fees awarded under this subsection may not be paid from the protected person’s estate, unless the court orders otherwise.(h) If the court grants the petition it may, in its discretion, retain jurisdiction over the matter and modify its order consistent with the best interests of the protected person.(i) The provisions of this section apply to all guardianship of protected persons regardless of the date guardianship was established.
WV Code § 44A-3-18 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-18. Guardian’s Duty to Inform Certain Relatives About Protected Person’s Health and Residence

(a) The provisions of this section apply to relatives who have been granted access to a protected person under section seventeen of this article.(b) Except as provided by subsection (d) of this section, the guardian of a protected person shall as soon as practicable inform such relatives if:(1) The protected person dies;(2) The protected person is admitted to a medical facility for a period of three days or more; (3) The protected person’s residence has changed; or(4) The protected person is staying at a location other than his or her usual place of residence for a period that exceeds two calendar weeks.(c) In the case of the death of the protected person, the guardian shall inform the relative of any funeral arrangements and the location of the protected person’s final resting place.(d) A relative entitled to receive information regarding a protected person under this section may waive the notice required thereof by this section by providing a written waiver to the guardian. A guardian shall file any such written waiver with the court.
WV Code § 44A-4-1 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-1. Termination of Appointment of Guardian or Conservator

(a) The appointment of a guardian or conservator shall terminate upon the death, resignation or removal of the guardian or conservator.(b) The appointment further terminates upon the death of the protected person. The guardian or conservator shall file the certified death certificate of the protected person with the circuit clerk with a final report or accounting.(c) A guardianship or conservatorship shall terminate whenever jurisdiction is transferred to another state or if ordered by the court following a hearing on the petition of any interested person.(d) In the case of a missing person, a conservatorship shall terminate when the missing person is located or when the person’s death is established by the production of a certified death certificate, or the person is presumed dead pursuant to the provisions of article nine, chapter forty-four of this code.(e) The court or the mental hygiene commissioner shall prepare a termination order dismissing the guardianship or conservatorship case and discharging any bond posted by the guardian or conservator.(f) A termination of an appointment does not affect the liability of a guardian or conservator for prior acts or the responsibility of a conservator to account for the estate of the protected person.
WV Code § 44A-4-2 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-2. Appointment of Successor Guardian or Conservator

The court may appoint a successor guardian or conservator prior to or at the time of a termination. A successor guardian appointed prior to a termination shall be immediately empowered to assume the duties of office but shall be required to file the requisite oath, post any required bond, and complete mandatory education, if required by the court, within thirty days of the termination of the predecessor. A successor guardian or conservator shall succeed to the powers and duties of the predecessor unless otherwise ordered by the court.
WV Code § 44A-4-3 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-3. Resignation of Guardian or Conservator

A guardian or conservator shall petition the court for permission to resign at least sixty days prior to the effective date of resignation. The court shall grant the permission to resign, except for good cause, and, pursuant to the provisions of section two of this article, shall appoint a suitable successor who is willing to serve.
WV Code § 44A-4-4 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-4. Removal of Guardian or Conservator

Upon the petition of any interested person or upon the motion of the court, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:(1) Is acting under an order entered pursuant to material misrepresentation or mistake, whether fraudulent or innocent;(2) Has an incapacity or illness, including substance abuse, which affects his or her fitness to perform or is adjudged to be a protected person in this or in any other jurisdiction;(3) Is convicted of a crime which reflects upon his or her fitness to perform;(4) Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or reckless manner or otherwise abuses powers or fails to discharge duties;(5) Neglects the care and custody of the protected person or legal dependents;(6) Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties;(7) Fails to file reports or accountings when required, or fails to comply with any court order;(8) Fails to file sufficient bond after being ordered by the court to do so;(9) Avoids service of process or notice;(10) Becomes incapable of performing duties; or(11) Is not acting in the best interests of the protected person or of the estate, with or without fault. The court may appoint a temporary guardian pending a determination on a petition for removal of a guardian or conservator.
WV Code § 44A-4-5 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-5. Duty of Guardian or Conservator Subsequent to Death of Protected Person

In the absence of an advanced directive, such as a will, living will or power of attorney, or preneed burial or cremation contract, after the death of the protected person, a guardian or a conservator, if there is no guardian, shall continue to have authority to make decisions regarding the body of the deceased protected person for the purposes of authorizing an autopsy and making funeral arrangements. The guardian's or conservator's authority shall continue until an executor or executrix or an administrator or administratrix has been appointed.
WV Code § 44A-4-6 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-6. Petition for Termination, Revocation or Modification; Standards

(a) Upon a petition filed pursuant to this section, or upon a petition for a writ of habeas corpus, duly filed, the court may terminate the appointment of a guardian or conservator.(b) Upon petition by the protected person, by the guardian or conservator, by any other interested person, or upon the motion of the court, the court may terminate a guardianship, conservatorship, or both, or modify the type of appointment or the areas of protection, management or assistance previously granted. Such termination, revocation or modification may be ordered if:(1) The protected person is no longer in need of the assistance or protection of a guardian or conservator;(2) The extent of protection, management or assistance previously granted is either excessive or insufficient considering the current need therefor;(3) The protected person’s understanding or capacity to manage the estate and financial affairs or to provide for his or her health, care or safety has so changed as to warrant such action;(4) No suitable guardian or conservator can be secured who is willing to exercise the assigned duties; or(5) It is otherwise in the best interest of the protected person.(c) In making a determination under this section, the court shall appoint legal counsel for the protected person and may appoint such other persons whom it deems qualified to make such evaluations as it shall determine appropriate.
WV Code § 44A-4-7 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 4. Termination, Revocation and Modification of Appointments|§44A-4-7. Hearing on Petition to Terminate, Revoke or Modify

A hearing on a petition to terminate, revoke or modify shall be conducted with the same notice and in the same manner and the protected person shall have the same rights as the protected person would obtain at a hearing on a petition for the appointment of a guardian or conservator. The protected person and the guardian or conservator shall attend the hearing except for good cause shown.
WV Code § 44A-5-1 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 5. Standby Guardianship|§44A-5-1. Title

This article may be cited as the “Standby Guardianship Act”.
WV Code § 44A-5-4 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 5. Standby Guardianship|§44A-5-4. Circuit Court's Order Approving Standby Guardianship; Authority; When Effective

(a) When a petition is filed by a person other than a parent having custody of the child, the standby guardian may be appointed only with the consent of the qualified parent unless the circuit court finds that such consent cannot be given for medical reasons.(b) Upon consideration of the factors set out in subsection (b), section three of this article and finding that: (i) The child's parent is a qualified parent; and (ii) appointment of a standby guardian is in the best interest of the child, the circuit court shall appoint the person requested in the petition as standby guardian, and, if requested, the requested alternate standby guardian. However, when a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.(c) The order shall specify the triggering event and shall provide that the authority of the standby guardian is effective: (i) Upon receipt of either a determination of incompetence or a certificate of death; or (ii) if so requested in the petition, upon receipt by the standby guardian of the qualified parent's written consent and filing of this consent with the circuit court. The written consent shall be executed after the entry of the court order and signed by the qualified parent, or by another in his or her presence and on his or her behalf.(d) As soon as practicable after entry of the order, a copy shall be served on the standby guardian.(e) A standby guardian shall have the powers and duties of a guardian of the person and guardian of the property of a minor, unless otherwise specified in the order.(f) The standby guardian shall file with the circuit court as soon as practicable but in no event later than thirty days following a parent's death, determination of incompetence or consent, a copy of the certificate of death, determination of incompetence or consent of the qualified parent upon which the standby authority is based and a determination of debilitation. Failure to file within the time specified shall be grounds for the circuit court to rescind the authority of the standby guardian upon petition of any person, but all acts undertaken by the standby guardian on behalf of and in the interests of the child be valid and enforceable until authority is rescinded.
WV Code § 44A-5-5 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 5. Standby Guardianship|§44A-5-5. Written Designation of a Standby Guardian by a Parent; Commencement of Authority; Approval Required

(a) A parent may execute a written designation of a standby guardian at anytime. The written designation shall be signed by the parent, witnessed by two adults. Another adult may sign the written designation on behalf of the parent if the parent is physically unable to do so, provided the designation is signed at the express request of the parent and in the presence of the parent. The designated standby guardian or alternate may not sign on behalf of the parent. The signed designation shall be delivered to the standby guardian and any alternate named as soon as practicable. The written designation shall state:(1) The name, address and birth date of the child affected;(2) The triggering event; and(3) The name and address of the person designated as standby guardian or alternate.(b) Following such delivery of the designation, the authority of a standby guardian to act for a qualified parent shall commence upon the occurrence of the specified triggering event and receipt by him or her of: (i) A determination of incompetence; (ii) a certificate of death of the parent; or (iii) a determination of debilitation and the qualified parent's written consent to such commencement signed by the parent or another on his behalf and at his direction as provided in subsection (a) of this section for the designation.(c) A standby guardian under a designation shall have the authority of a guardian of the person and a guardian of the property of the child, unless otherwise specified in the designation.(d) A designated standby guardian or alternate shall file a petition for approval with the circuit court as soon as practicable after the occurrence of the triggering event but in no event later than thirty days after the date of the commencement of his or her authority. The authority of the standby guardian shall cease upon his or her failure to so file, but shall recommence upon such filing. The petition shall be accompanied by a copy of the designation and a: (i) Determination of incompetence; (ii) determination of debilitation and consent; or (iii) a certificate of death.(e) The notice provisions of subsection (c), section three of this article shall apply to a petition filed pursuant to this section. The circuit court shall enter in an order approving the designated guardian upon finding that:(1) The person was duly designated as standby guardian pursuant to the section and the designation has not been revoked;(2) A determination of incompetence was made; a determination of debilitation was made and the parent consented to commencement of the standby guardian's authority; or the parent has died;(3) The best interests of the child will be served by approval of the standby guardian; and(4) If the petition is by an alternate, that the designated standby guardian is unwilling or unable to serve.
WV Code § 44A-5-6 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 5. Standby Guardianship|§44A-5-6. Further Proceedings to Determine Permanent Guardianship

(a) If the triggering event was death of the qualified parent, the standby guardian shall within ninety days of such death, petition for appointment of a guardian for the child as otherwise provided by law or may initiate proceedings to determine legal and physical custody of the child pursuant to article four, chapter forty-eight, or both.(b) In all other cases a standby guardian shall promptly after occurrence of the triggering event initiate such proceedings to determine guardianship and custody, absent objection by the qualified parent.(c) The petition shall be accompanied by:(1) The circuit court’s order approving the standby guardian or the qualified parent's written designation of the standby guardian; and (2) (i) The attending physician's written determination of incompetence or debilitation; or (ii) certificate of death.