{"data":{"id":"us-wv/w.-va.-code-44a-4-4","jurisdiction":"us-wv","citation":"W. Va. Code § 44A-4-4","heading":"Removal of guardian or conservator.","body":"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:\n(1) Is acting under an order entered pursuant to material misrepresentation or mistake, whether fraudulent or innocent;\n(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;\n(3) Is convicted of a crime which reflects upon his or her fitness to perform;\n(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;\n(5) Neglects the care and custody of the protected person or legal dependents;\n(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;\n(7) Fails to file reports or accountings when required, or fails to comply with any court order;\n(8) Fails to file sufficient bond after being ordered by the court to do so;\n(9) Avoids service of process or notice;\n(10) Becomes incapable of performing duties; or\n(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.","path":["CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.","ARTICLE 4. TERMINATION, REVOCATION AND MODIFICATION OF APPOINTMENTS."],"source_url":"https://code.wvlegislature.gov/44A-4-4/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:38Z","sha256":"ef77a12762d3838b5b31defc1250a9e7eab2b36ccca4f0e14eacbe7db495ebba","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44a-4-3","next":"us-wv/w.-va.-code-44a-4-5"},"notice":"GroundRules: Original legal text. Not legal advice."}