How to File for Guardianship in West Virginia

The Filing Process, Start to Finish

Filing for adult guardianship in West Virginia means going through the circuit court system under the West Virginia Guardianship and Conservatorship Act (W. Va. Code Chapter 44A). The process has specific forms, deadlines, and procedural requirements. Missing any of them can delay the hearing or result in the petition being dismissed.

Here is what the process looks like from start to finish.

Step 1: Gather the Required Forms

The West Virginia Judiciary issues standardized forms for guardianship proceedings. At minimum, you will need:

• Form GC01 — Petition for the Appointment of a Guardian/Conservator. This is the main filing document. It identifies the alleged protected person, describes their limitations, names the proposed guardian, and specifies what powers you are requesting.
• Form GC04 — Evaluation Report of Licensed Physician/Psychologist. A licensed physician or psychologist must examine the alleged protected person and complete this form. The report must describe their cognitive and functional limitations, evaluate adaptive behavior and social skills, and state whether a guardian or conservator is necessary.
• Form GC06 — Statement of Financial Resources. If you are seeking conservatorship, this summarizes the alleged protected person's assets, income, and liabilities and must be filed before the conservatorship hearing.

All forms are available for free from the West Virginia Judiciary's website.

Step 2: Get the Medical Evaluation

The GC04 evaluation is the most critical supporting document. The examining physician or psychologist must base their report on a recent examination — not records alone. The evaluation must address:

• The person's specific cognitive and functional limitations
• Their ability to manage personal, medical, and financial affairs
• Whether a guardian, conservator, or both are recommended
• Whether limited or full authority is warranted

Schedule this evaluation early. Physicians sometimes take weeks to complete the form, and you cannot file without it (unless you file a separate Motion for Leave under Form GC02 to explain why the evaluation is delayed).

Step 3: File with the Circuit Court

File the completed GC01 petition and GC04 evaluation with the Circuit Clerk of the county where the alleged protected person lives or is currently hospitalized. If you are seeking conservatorship, file the GC06 financial statement before the hearing as well.

The base filing fee is $110. Of that, $75 goes to the local clerk and $35 is remitted to the state's Enforcement of Guardianship and Conservatorship Act Fund. If you cannot afford the filing fee, you may request a fee waiver by filing a financial affidavit under W. Va. Code § 59-1-1.

Step 4: Service of Process

After filing, the petition, evaluation report, and notice of hearing must be served on the alleged protected person by the county Sheriff, who must personally deliver the documents at least 14 days before the hearing. The sheriff's service fee is typically $25.

You must also serve notice on each immediate family member listed in the petition via certified mail, at a cost of roughly $20 per person.

Step 5: Court-Appointed Attorney

Once the court receives the petition, it appoints an independent attorney to represent the alleged protected person. This is mandatory — the alleged protected person has a constitutional right to legal representation in guardianship proceedings. The appointed counsel must visit the individual, explain their rights, and advocate for their stated wishes at the hearing.

Step 6: The Hearing

The hearing takes place before a Circuit Judge or a Mental Hygiene Commissioner. The alleged protected person has a statutory right to attend. If they cannot attend due to severe physical or cognitive limitations, the petitioner must file a separate Affidavit of Physician (Form GC05) or present expert testimony at the hearing to excuse their absence. The GC04 evaluation cannot substitute for the GC05 affidavit.

At the hearing, the court evaluates capacity across specific domains — healthcare, education, finances, residential decisions — and must adopt the least restrictive order possible. If limited guardianship can address the needs, the court is required to choose that over full guardianship.

Step 7: Post-Appointment Requirements

If the court grants the petition, you must complete several steps within 30 days:

• Take the Oath of Appointment (Form GC14)
• Secure any required surety bond (Form GC18)
• Complete the state-mandated guardian education program
• File the Affidavit Certifying Completion of Mandated Education (Form GC11)

If a conservatorship is also appointed, the conservator must file a detailed Inventory (Form GC32) within 60 days.

The Minor Transition Window

If you are filing for a child approaching 18, W. Va. Code § 44A-2-1a allows you to file the petition when the child is at least 17 years and 10 months old. This prevents a gap in legal authority on the 18th birthday. The hearing must occur no sooner than 14 days before the birthday if the Mental Hygiene Commissioner is the trier of fact, or no more than 7 days before the birthday if the Circuit Judge conducts the hearing.

How Long Does It Take?

From filing to final hearing, the typical timeline is two to four months. Starting the process at the 17 years and 10 months mark gives you the best chance of having the order in place by the 18th birthday.

The West Virginia Adult Guardianship & Alternatives Guide includes detailed checklists for every form, a step-by-step court filing walkthrough, and templates for the post-appointment compliance deadlines.

See more West Virginia guides →