Guardianship in West Virginia

A legal guardian is a person who steps in when parents are no longer fit or able to care for their children. Additionally, guardianship might be needed if an elder is incapable of making decisions on their own due to age or disability.

A parent may consent to the appointment of a guardian or may waive their right of consideration for appointment as guardian of the person or estate of any minor child. The consent or waiver by a parent must be made before the court on the record or be given in writing.

A minor above the age of 14 years may nominate his or her own guardian by either making a request on the record before the court or filing a signed and verified written request anytime in advance of the guardianship hearing.

Our attorneys can assist you in seeking guardianship when a parent unable to properly care for a child, or if there is another compelling justification to award you Guardianship, such as the death of a parent, a military deployment, incarceration, or other circumstances that might justify the need for a guardian to step in.

In most cases, guardians are appointed until such time as the circumstance change and parents are able and fit to resume caring for their minor child or children. Guardianship does not prohibit parents from having a role in their children's life. However, legal guardians do have physical custody of the children and the decision making authority regarding their daily care, education, medical care, and discipline.

Our firm can assist you in becoming a legal guardian of a loved one.