West Virginia Guardianship Forms GC04 and GC06 Explained

Why These Two Forms Matter Most

The Petition for the Appointment of a Guardian/Conservator (Form GC01) initiates the court case, but GC04 and GC06 are the substantive documents that determine whether the judge grants the appointment and how broad it is. A petition without a thorough GC04 will be challenged by the court-appointed attorney representing the alleged protected person. A conservatorship petition without a complete GC06 leaves the court without the financial information it needs to set bond amounts and define the conservator's scope.

Both forms are available on the West Virginia Judiciary website (courtswv.gov) and are marked "Revised: 01/01/2010."

Form GC04: Evaluation Report of Licensed Physician or Psychologist

The GC04 is a clinical evaluation that provides the court's evidentiary basis for determining whether the alleged protected person lacks decision-making capacity. Under W. Va. Code § 44A-2-3, this report must normally be completed by a licensed physician or psychologist based on the evaluator's recent examination and assessments. For good cause, the court may allow the petition to be filed without the report and order it later.

What the Evaluator Must Address

The form requires the examiner to assess the individual's cognitive and functional limitations across specific domains:

• Understanding and communication. Can the person understand information presented to them? Can they communicate their preferences and decisions?
• Adaptive behavior. How does the person function in daily living activities — self-care, meal preparation, transportation, managing a schedule?
• Social skills and vulnerability. Is the person susceptible to undue influence, exploitation, or manipulation?
• Domain-specific capacity. The evaluator should address each decision-making area separately: healthcare, finances, residential choice, and education. West Virginia's least restrictive alternative mandate (W. Va. Code § 44A-2-10) means the court can grant limited guardianship over only the domains where capacity is lacking.
• Professional opinion. The examiner must state whether, in their clinical judgment, a guardian or conservator is required — and if so, whether a limited or full appointment is appropriate.

How to Coordinate the Evaluation

The family does not complete the GC04 — the licensed professional does. But coordination matters:

1. Choose the right evaluator. The individual's primary care physician can complete the form, but a psychologist who specializes in developmental disabilities or intellectual disability assessments may produce a more detailed and defensible report.
2. Schedule a current examination. Courts expect a recent evaluation. An assessment from two years ago will draw scrutiny. Aim to have the GC04 completed within three to six months before filing.
3. Provide context. Give the evaluator relevant background — IEP documents, prior psychological evaluations, adaptive behavior assessments, and information about the individual's daily functioning. The more data the evaluator has, the more precise their domain-by-domain assessment will be.
4. Discuss the least restrictive standard. Make sure the evaluator understands that the court needs to know which specific areas of decision-making are impaired, not just whether the person has a disability. A report that says "this individual has Down syndrome and needs a guardian" without analyzing functional capacity will not meet the statutory standard.

Cost of the Evaluation

The GC04 itself is a free form. The clinical examination behind it is not. A primary care physician's evaluation may be covered by insurance as part of a standard office visit. A psychologist's comprehensive assessment typically costs $500 to $1,500 out of pocket, though some developmental disability clinics offer reduced-fee evaluations. If the individual receives services through West Virginia's IDD Waiver system, their existing clinical team may be able to complete the evaluation as part of ongoing care.

Form GC06: Statement of Financial Resources

The GC06 summarizes the alleged protected person's financial picture: assets, income, and liabilities. This form is required when the petition includes a request for conservatorship (authority over financial affairs) and must be filed before the conservatorship hearing; families commonly file it alongside the GC01 petition.

What to Include

• Income. Monthly SSI or SSDI payments, any employment income, trust distributions, and other regular receipts. For most young adults transitioning at 18, the primary income source is SSI (the 2026 federal benefit rate is $994 per month).
• Assets. Bank account balances, savings bonds, WVABLE account balances, vehicles, real property, and any other assets the individual owns or is entitled to. The SSI asset limit for an individual is $2,000 (resources above this threshold can jeopardize benefits unless properly structured in a Special Needs Trust or ABLE account).
• Liabilities. Outstanding debts, medical bills, or other obligations — which for most 18-year-olds will be minimal or none.

Why Accuracy Matters

The court uses the GC06 to determine the conservator's bond requirement. If assets are underreported and the court sets a low bond, the protected person lacks financial protection. If assets are overreported, the bond premium (an annual cost paid by the estate) is unnecessarily high.

For families where the young adult has minimal assets — no savings beyond an SSI check — the GC06 is straightforward if a conservatorship is requested. Some families realize during this process that a Representative Payee designation through the Social Security Administration would manage the SSI benefits without needing conservatorship at all, saving the ongoing cost and reporting burden of court supervision.

The Full Forms Checklist

Beyond GC04 and GC06, a complete guardianship filing requires:

Our West Virginia Adult Guardianship & Alternatives Guide includes step-by-step walkthroughs for every form on this list, along with the decision framework that helps you determine whether court-ordered guardianship is necessary or whether voluntary alternatives would serve your family better.

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