Nomination of Guardian by Minor

West Virginia Rules for Minor Guardianship Proceedings

Rule: 6.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Min. Guard. P. 6.

(a) Request. — 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 hearing on the petition. If a written nomination is filed at the time of the filing of the petition, it shall be served on others along with the summons and petition; otherwise, it shall be served in accordance with Rule 5(b) of these rules. (b) Court Approval. — Although a minor may nominate a person to serve as his or her guardian, the court has the discretion to determine, as a preliminary matter, whether the particular circumstances warrant the appointment of a guardian. If the court finds that the circumstances warrant the appointment of a guardian and that the minor's nominee would be a suitable and appropriate guardian, the appointment shall be made. If the minor's nominee is not appointed, the court may appoint a guardian in the same manner as if the nomination was not made.

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