2018 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.
