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In order for a guardian or conservator to be appointed, a petition must be filed in circuit court in the county where the potentially protected person resides. Any interested person may file this petition. A hearing is scheduled within 60 days of the petition being filed.

The law requires that an evaluation report by a physician or psychologist be filed with the petition for appointment of a guardian or conservator. The primary purpose of the report is to provide evidence as to whether the person alleged to need protection meets the definition of a Aprotected person@ under the law.

Supported decision-making or SDM is an alternative to guardianship where individuals retain their right to make decisions for themselves, with the support of trusted individuals they choose.

If you wish to file an application for involuntary hospitalization, use the general application form. Any adult person may file a general application form. There are special requirements and forms for incarcerated individuals and minors. You must have your signature notarized/sworn to under oath.

Rule 15 - Effective 1/1/2025 Amended and supplemental pleadings (a) Amendments before trial. (1)Amending as a matter of course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required.

Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child.

For many civil cases in West Virginia, the statute of limitations is two years. However, some are shorter, and some are longer. This means that if you believe you have a valid legal claim, you generally have two years from the date of the incident to either settle your claim or file a lawsuit.

§ 110-21-16 - West Virginia Personal Exemptions Of A Resident Individual. 16.1. In General. - A resident individual is allowed a West Virginia exemption of two thousand dollars ($2,000) for each exemption for which said individual is entitled to a deduction for the taxable year for federal income tax purposes.