Free CG 914 - West Virginia

IN THE CIRCUIT COURT OF _______________ COUNTY, WEST VIRGINIA
For Clerk's Use Only IN RE: ___________________________________________, DATE FILED: ____________________________________ A PROTECTED PERSON CASE NUMBER ___________ - G - __________

ORDER OF APPOINTMENT OF SUCCESSOR CONSERVATOR AND/OR GUARDIAN
[West Virginia Code: § 44A-4-2]

On this ______ day of _____________________________, 20______,

the Court determined that a successor and/or

guardian should be appointed for __________________________________________________, a protected person, pursuant to the provisions of West Virginia Code: § 44A-4-2. The basis for this determination is as follows: _________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ___________________________________________________________________________________________________________.

The Court finds that _______________________________________________ was appointed as [check applicable office(s)] __________ __________ conservator guardian __________ __________ limited conservator limited guardian

by Order duly entered by the [check applicable appointing authority] __________ __________ County Commission of ____________________________ County, West Virginia Circuit Court of ____________________________ County, West Virginia

on the _______ day of ________________________, 20 _______, the contents of which Order, and the powers and duties set forth therein, are hereby incorporated herein by reference as if fully set forth herein.
SCA-CG 914-1 / 6-94

Order of Appointment of Successor Conservator and/or Guardian - Page 1 of 3 Pages

Based upon the foregoing, the Court being of the opinion that a successor ought to be appointed, the Court hereby ORDERS and makes the following appointment(s):

[Name] ________________________________________ as either [check] _____ limited conservator or _____ conservator.

[[Name] ________________________________________ as either [check] _____ limited guardian or _____ guardian.

The successor or successors herein named shall succeed to the all the authority, powers and duties of the predecessor unless otherwise specifically provided in this Order, or unless the provisions of West Virginia Code: § 44A-1-1, et seq., more specifically enumerate the authority, powers and duties heretofore assigned to a committee, in either of which event, the provisions of this Order specifically, or the provisions of West Virginia Code: § 44A-1-1, et seq., generally, shall control. It is further ORDERED that, in accordance with the provisions of the immediately preceding paragraph, the authority, powers and duties of the within named successor are hereby amended, limited and/or changed as follows: [Insert any court-ordered changes in the successor's authority, powers and duties from that of the successor's predecessor in the space below. If no amendments, limitations and/or changes are to be ordered, LEAVE THIS SPACE BLANK.] ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________

Upon consideration of the Statement of Financial Resources [Form 903], the prior reports, accountings, inventory or other information about the Protected Person or the Protected Person's Estate, hereinbefore filed, the requirements of § 44A-1-9 and arguments made during the hearing, it is hereby ORDERED that [initial applicable finding and, if appropriate, insert amount of required bond]: __________ __________ __________ __________ Bond of the guardian/limited guardian is hereby waived. The posting of Bond by the conservator/limited conservator is excused under the provisions of § 31A-4-18. Bond is set and shall be posted by the guardian/limited guardian in the amount of: Bond is set and shall be posted by the conservator/limited conservator in the amount of: $ ___________________. It is further ORDERED that said Bond(s) shall be filed within thirty (30) days of the date of the entry of this Order and further that the form of the Bond(s) herein required shall be: __________________________________________________________ ___________________________________________________________________________________________________________. It is ORDERED that the mandatory education required by § 44A-1-10 shall be [initial one of the following]: __________ __________ waived by the terms of this Order. completed within thirty (30) days of the entry of this order of appointment as provided under § 44A-4-2. $ ________________.

SCA-CG 914-2 / 6-94

Order of Appointment of Successor Conservator and/or Guardian - Page 2 of 3 Pages

If a conservator has been appointed under the terms of this Order, the Court hereby refers this matter to the following: The Fiduciary Supervisor of ____________________________, County, West Virginia, or to _________________________________ _______________________ a Fiduciary Commissioner of ______________________________ County, West Virginia. In addition to filing the reports and accountings required by law with this Court, the conservator shall also file such reports and accountings with said Supervisor or the within named Commissioner who shall perform the duties required by West Virginia Code Chapter 44, Articles 3, 3A and 4, and Chapter 44A, with respect to the Protected Person's estate. The conservator shall likewise file a true copy of the bond posted and approved by the Court with said Supervisor/Commissioner.

The Clerk of this Court shall enter the foregoing as of the ________ day of ________________________, 20 ______, and shall transmit attested copies to counsel of record for the parties, to any successor guardian and/or successor conservator appointed by this Order, and to the Petitioner. Pursuant to West Virginia Code: § 44A-2-13(c), the guardian and/or conservator SHALL, within FOURTEEN (14) DAYS OF THE DATE OF THE ENTRY OF THIS ORDER, mail a copy of this order of appointment, together with the statement of the right to appeal for a modification or termination which is annexed hereto, to the Protected Person and to all individuals and entities who were given notice of the Petition filed in this cause. SO ORDERED.

__________________________________________________ JUDGE OF THE CIRCUIT COURT

STATEMENT OF RIGHTS TO APPEAL FOR A MODIFICATION OR TERMINATION
Pursuant to the provisions of West Virginia Code: § 44A-4-6, and other applicable law, the Protected Person named herein, any guardian and/or conservator of the Protected Person, or any other "interested person" as defined by law, has the right to, and may, seek an appeal to the Circuit Court to modify or terminate the appointment(s) and/or the powers of the guardian and/or conservator appointed by this Order.
SCA-CG 914-3 / 6-94

Order of Appointment of Successor Conservator and/or Guardian ­ Page 3 of 3 Pages