Guardianship and conservatorship in West Virginia: who, where, cost

How a court can name a guardian or conservator in West Virginia, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (personal affairs) and conservator (estate and financial affairs) of a protected person; limited guardian or conservator; temporary guardian or conservator.

Filing fee
$110 filing fee for a petition, paid to the circuit clerk.
Court
Circuit court in the county where the person lives (or where the health care or correctional facility they were admitted to is located).

What guardianship or conservatorship is

What it is called

Guardian (personal affairs) and conservator (estate and financial affairs) of a protected person; limited guardian or conservator; temporary guardian or conservator

When a court may appoint one

A 'protected person' is an adult whom a court finds, because of mental impairment, unable to receive and evaluate information effectively or respond to people, events and environments to the extent they cannot meet essential requirements for health, care, safety, habilitation or therapeutic needs without a guardian, or cannot manage property or finances without a conservator. The court must consider less restrictive alternatives, including advance directives, and any appointment must be the least restrictive possible.

Law: W. Va. Code 44A-1-4(13); W. Va. Code 44A-2-10

Kinds
  • Guardian
  • Limited guardian
  • Conservator
  • Limited conservator
  • Temporary guardian or conservator (expires within six months unless extended once for up to six months)

Law: W. Va. Code §§ 44A-1-4, 44A-2-1, 44A-2-2, 44A-2-8, 44A-2-10, 44A-2-11, 44A-2-14

Who can ask, which court and your own choice

Who may ask

The person alleged to need protection, a person responsible for their care or custody, the facility caring for them, the person they nominated, a de facto guardian or conservator, or any other interested person, including the Department of Human Services.

Law: W. Va. Code 44A-2-2(a)

Court

Circuit court in the county where the person lives (or where the health care or correctional facility they were admitted to is located).

Choosing your own

Anyone with capacity to form a preference can nominate a guardian or conservator in writing, orally to the court or by other evidence. Naming a medical power of attorney representative, living will or surrogate is evidence of a guardian nomination, and naming an agent in a durable power of attorney is evidence of a conservator nomination. The court must appoint the nominee if eligible and in the person's best interests.

Law: W. Va. Code 44A-2-8, 39B-1-108(a)

Effect on a power of attorney

If a court appoints a conservator or other fiduciary for your property, your agent is accountable to them, and unless the court orders otherwise the power of attorney and the agent's authority END on the appointment.

Law: W. Va. Code 39B-1-108(b)

Cost, fee waiver and forms

Filing fee

$110 filing fee for a petition, paid to the circuit clerk.

Law: W. Va. Code 44A-2-1(c)

Fee waiver

A person who cannot afford the fees and costs is not required to pay them under the general fee-waiver statutes; the West Virginia Judiciary publishes fee waiver forms.

Law: W. Va. Code 44A-2-1(d)

Forms
Steps

Steps

Other options and where to report abuse

Less restrictive options
  • Advance directives (medical power of attorney, living will) and durable power of attorney: The court must consider less restrictive alternatives, including advance directives, before appointing a guardian or conservator.
  • Health care surrogate: A doctor-selected surrogate can make health care decisions without a court order.
  • Limited guardianship: A guardian only for specific areas, for example major medical decisions or where to live.
Report abuse or exploitation

West Virginia Department of Human Services, Bureau for Social Services - Centralized Intake for Abuse and Neglect (Adult Protective Services)

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in West Virginia

Report abuse or exploitation

West Virginia Department of Human Services, Bureau for Social Services - Centralized Intake for Abuse and Neglect (Adult Protective Services)

Questions about powers of attorney in West Virginia

How does guardianship or conservatorship work in West Virginia?

A 'protected person' is an adult whom a court finds, because of mental impairment, unable to receive and evaluate information effectively or respond to people, events and environments to the extent they cannot meet essential requirements for health, care, safety, habilitation or therapeutic needs without a guardian, or cannot manage property or finances without a conservator.

What does a guardianship or conservatorship cost in West Virginia?

$110 filing fee for a petition, paid to the circuit clerk.

What are the alternatives to guardianship in West Virginia?

Advance directives (medical power of attorney, living will) and durable power of attorney; Health care surrogate; Limited guardianship.

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