{"data":{"id":"us-wv/w.-va.-code-44a-5-6","jurisdiction":"us-wv","citation":"W. Va. Code § 44A-5-6","heading":"Further proceedings to determine permanent guardianship.","body":"(a) If the triggering event was death of the qualified parent, the standby guardian shall within ninety days of such death, petition for appointment of a guardian for the child as otherwise provided by law or may initiate proceedings to determine legal and physical custody of the child pursuant to article four, chapter forty-eight, or both.\n(b) In all other cases a standby guardian shall promptly after occurrence of the triggering event initiate such proceedings to determine guardianship and custody, absent objection by the qualified parent.\n(c) The petition shall be accompanied by:\n(1) The circuit court’s order approving the standby guardian or the qualified parent's written designation of the standby guardian; and\n(2) (i) The attending physician's written determination of incompetence or debilitation; or (ii) certificate of death.","path":["CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.","ARTICLE 5. STANDBY GUARDIANSHIP."],"source_url":"https://code.wvlegislature.gov/44A-5-6/","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":"2f2ce94e4bda41a7d9adb0c5700ca9bb353d3af9d1ecce11a0b43ea78674c5aa","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44a-5-5","next":"us-wv/w.-va.-code-44a-5-7"},"notice":"GroundRules: Original legal text. Not legal advice."}