West Virginia Rules for Minor Guardianship Proceedings
Rule: 15.
Jurisdiction: WV
Bluebook Citation: W.Va. R. Min. Guard. P. 15.
(a) Reaching Adulthood. — Upon the minor reaching 18 years of age, the guardianship shall terminate as a matter of law. If the minor had any estate, the guardian shall promptly deliver the remaining estate assets to him or her along with a final accounting. Any written receipt or release obtained by or on behalf of the guardian in conjunction with the delivery of estate assets shall not prejudice or otherwise affect any legal right to seek recovery for mismanagement or misappropriation of estate assets. (b) Other Circumstances. — A guardianship may be earlier terminated if: The guardian or minor dies; The guardian petitions the court to resign and the court approves the resignation by written order; or A petition is filed by the guardian, the minor, or another interested person stating that the minor is no longer in need of the assistance or protection of a guardian, or the court upon its own motion finds the same, and an order is entered terminating the guardianship. The guardian or minor dies; The guardian petitions the court to resign and the court approves the resignation by written order; or A petition is filed by the guardian, the minor, or another interested person stating that the minor is no longer in need of the assistance or protection of a guardian, or the court upon its own motion finds the same, and an order is entered terminating the guardianship. (c) Substituted Guardianship. — A guardianship may not be terminated by the court if there are any estate assets due and payable to the minor, or if the minor is still in need of supervision and protection. In the event of the resignation or death of a guardian in such circumstances, the court shall appoint another guardian.
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