West Virginia Guardianship Forms Guide

The Forms in Filing Order

West Virginia's guardianship and conservatorship process under Chapter 44A uses a series of standardized forms issued by the Supreme Court of Appeals. All forms are available on the state court's website and are filed with the circuit clerk in the county where the protected person resides or is hospitalized. Here's each form in the order you'll encounter it.

Form GC01 — Petition for Appointment

This is the starting document. Form GC01 asks the petitioner to identify the alleged protected person, describe their living situation, list their immediate family members, and explain why guardianship or conservatorship is necessary. You'll specify whether you're requesting guardian appointment (personal/medical authority), conservator appointment (financial authority), or both.

The petition must include a factual basis for why the person cannot manage their own affairs. Generic statements like "my parent has dementia" aren't sufficient — describe specific incidents: inability to manage medications, getting lost driving, falling for financial scams, or being unable to perform basic self-care.

Filing fee: $110 at the circuit clerk's office.

Form GC04 — Evaluation Report

The clinical cornerstone of the proceeding. Form GC04 must be completed and signed by a licensed physician or licensed psychologist who has examined the alleged protected person. The evaluation must be completed within 60 days of filing the petition and must include:

• The nature, type, and severity of the cognitive or physical impairment
• How the impairments affect the person's ability to manage personal care and financial affairs
• A professional opinion on whether guardianship, conservatorship, or a limited appointment is appropriate
• A prognosis for recovery

If your parent refuses to submit to an examination, file Form GC02 — a Motion for Leave to File Petition Without Evaluation Report. This allows the court to order an involuntary evaluation if good cause exists.

Form GC05 — Affidavit of Physician

Form GC05 is used when the alleged protected person cannot attend the hearing because of physical inability or because attendance would significantly impair their health. A licensed physician completes the affidavit and explains the basis under W. Va. Code § 44A-2-9(c).

The Hearing — What to Expect

After filing GC01 and GC04, the court appoints defense counsel for the alleged protected person and schedules a hearing within 60 days. You must personally serve the alleged protected person at least 14 days before the hearing and send certified mail notice to all immediate family members listed in the petition.

The hearing may be conducted by the circuit judge directly or by the county's mental hygiene commissioner. In commissioner-conducted hearings, the commissioner reviews evidence, hears testimony, and submits written findings and recommendations to the circuit judge. Only the judge has authority to sign the final appointment order.

At the hearing, expect to:

• Present the GC04 evaluation report
• Testify about your parent's condition and your qualifications to serve
• Answer questions from your parent's defense counsel about your plans for care and financial management
• Address any objections from family members (if contested)

The standard of proof is "clear and convincing evidence" — meaning the court must be substantially certain that the person lacks capacity and that the requested appointment is necessary.

Form GC11 — Education Affidavit

After the court determines that the alleged protected person is a protected person, you must complete the mandatory fiduciary education program coordinated by the Supreme Court of Appeals within 30 days. Form GC11 is your proof of completion — an affidavit certifying you finished the training, filed with the circuit clerk before the court issues the order of appointment.

The training covers guardian and conservator duties, reporting obligations, and the protected person's rights. The court issues the order of appointment after the required training and affidavit are completed.

Form GC18 — Fiduciary Bond

Conservators must post a bond before the appointment is finalized. Form GC18 is submitted with proof of the bond — either cash deposited with the court or a corporate surety bond. The bond amount is set by the court based on the estate's total value. You have 30 days from the bond order to file this form.

Form GC32 — Inventory of Conservator

Due within 60 days of appointment, this form catalogs every asset under the conservator's control: real property, bank accounts, investments, vehicles, life insurance, personal property, and all debts. You must mail copies to all immediate family members within 14 days of filing. Failure to file is a misdemeanor.

Forms GC30 and GC31 — Annual Reports

These are the ongoing compliance forms. Conservators file the Accounting of Conservator (GC30) — a detailed financial report of all income and disbursements. Guardians file the Periodic Report of Guardian (GC31) — covering the protected person's health, housing, and care.

Both are due within six months of appointment for the initial filing, then by December 31 each year going forward. File with both the circuit clerk and the county fiduciary commissioner.

The Self-Help Path

If your parent still has cognitive capacity, none of these forms are necessary. A durable financial POA and a combined medical POA/living will accomplish the same goals — legal authority over finances and healthcare — without court filings, bonds, or annual reports. The West Virginia Power of Attorney & Guardianship Kit covers both paths: the POA documents and the complete guardianship form sequence with deadlines and filing instructions.

See more West Virginia guides →