2010 West Virginia Code
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP
ARTICLE 5. STANDBY GUARDIANSHIP.
§44A-5-7. Revocation, refusal and termination of standby guardianship.
§44A-5-7. Revocation, refusal and termination of standby
guardianship.
(a) The authority of a standby guardian approved by the
circuit court may be revoked by the qualified parent by his or her
filing a notice of revocation with the circuit court. The notice
of revocation shall identify the standby guardian or alternate
standby guardian to which the revocation will apply. A copy of the
revocation shall also be delivered to the standby guardian whose
authority is revoked and any alternate standby guardian who may
then be authorized to act. At any time following his or her
approval by the circuit court, a standby guardian may decline to
serve by filing a written statement of refusal with the court and
having the statement personally served on the qualified parent and
any alternate standby guardian who may then be authorized to act.
(b) When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing. A written designation may also be revoked by the subsequent execution of an inconsistent designation.
(c) When a standby guardian's authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian's authority to act on behalf of the parent continues after the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the county commission, in writing, that the standby guardian's authority is revoked. If at any time the circuit court finds that the parent no longer meets the definition of "qualified parent," it shall rescind its approval of the standby guardian.
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