West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General Licensure Provisions
4.1.1. No corporation shall be appointed to
				serve as guardian, limited guardian or standby guardian for a mentally retarded
				or mentally handicapped person unless the corporation shall first obtain a
				valid license.
4.1.2. A license
				shall be valid only for the corporation named in the license and shall not be
				transferable or assignable.
4.1.3.
				A licensed corporation shall notify the department ninety days in advance of
				any pending merger or consolidation with another corporation, submitting with
				the notification a copy of the plan for merger or consolidation.
4.1.4. In the event that the surviving or the
				new corporation proposes to continue as guardian, limited guardian or standby
				guardian to any of the wards of the licensed corporation, the incorporators of
				the proposed corporation shall prepare an application as for an initial
				license, supplying relevant information or documentation of intent where
				official documents are unavailable. The official documents, such as a copy of
				the corporation charter shall be filed with department immediately upon
				receipt. The new or surviving corporation shall upon the granting of the new
				license file notice with the fiduciary commissioner or supervisor and with the
				county clerk of the continuation of all existing guardianships, limited
				guardianships and standby guardianships. The county commission shall have and
				retain general jurisdiction over the wards and may entertain and adjudicate any
				additional proceedings relating to such transfer of guardianship as it may deem
				proper for the welfare of the wards for whom notice of such transfer is
				filed.
4.1.5. In the event that the
				new corporation does not propose, is not granted a license, or is not approved
				by the county commission to continue as guardian, limited guardian or standby
				guardian, the licensed corporation shall dissolve itself from its guardianships
				according to law, these rules and the procedures of the corporation as approved
				by the department.
4.1.6. A
				corporation shall notify the department in advance of any proposed amendment to
				the articles of incorporation, requesting a decision from the department as to
				whether the proposed amendment will affect the status of the license. In the
				event that the proposed amendment will adversely affect the status of the
				license, the corporation shall either:
(a)
				abandon the proposed amendment and any proposals for associated activity; or
(b) if the amendment is adopted,
				shall dissolve itself from its guardianships according to law, these rules and
				the procedures of the corporation as approved by the department.
4.1.7. The corporation shall
				notify the department of any changes in the ownership and management of the
				corporation specified in Section 4.2.3 of these rules within thirty days
				following the change.
4.1.8. An
				expired or otherwise nonvalid license shall be surrendered to the director on
				written demand.
4.1.9. A license
				shall state the name of the nonprofit corporation, the type of license, the
				date of issue, and the date of expiration of the license.