What are the criteria for determining who should serve as guardian?

In West Virginia, determining who should serve as guardian is based on the best interests of the child or adult who needs the guardianship. When considering who should serve as guardian, the court will look at the following criteria: • Relationship of the proposed guardian: Special consideration is given to family members, especially parents, who are in a position to provide significant care and support for the ward. • Support of the ward: If possible, the court will consult with the person in need of guardianship to determine if the proposed guardian is acceptable. • Previous conduct: The court must consider a person’s criminal history and other aspects of their conduct that could raise doubts about their suitability to serve as guardian. • Ability to carry out the duties of guardian: A proposed guardian needs to have the physical, mental and emotional capacity to act as a caretaker for the ward. • Financial stability: The guardianship should be awarded to an individual who is able to financially support the needs of the ward and to manage their assets. At the end of the day, the court must consider all of the available evidence and determine who is best suited to act as guardian. The court will evaluate the proposed guardian’s character, fitness, experience and other relevant factors that could affect the best interests of the ward.

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What are the criteria for determining who should serve as guardian?

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