Adult Guardianship Periodic Reporting Requirements in West Virginia

At a glance

Requirements one by one

First filings and annual schedule

A conservator files an inventory within 60 days after the appointment order. It lists known estate items, approximate fair market values, encumbrances and property the conservator considers valueless and intends to abandon. Reports from the guardian and accounts from the conservator are due within six months of appointment, then by December 31 each year thereafter. (§§ 44A-3-8(a), 44A-3-11(a).)

Condition and estate information

The guardian's report covers the adult's condition and living arrangements, professional services and the guardian's view of care, visits and social activities, and whether the guardian agrees with the current treatment or habilitation plan. It also addresses the need for continued guardianship and the guardian's requested compensation and expenses. (§ 44A-3-2(a).)

The conservator's account lists receipts, disbursements and distributions, the estate, services to the adult, significant actions, the continuing need for conservatorship, and requested compensation and expenses. An account may be incorporated into the guardian's report. (§ 44A-3-9(a)–(b).)

Verification and copies

Both the guardian's report and the conservator's accounting carry the filer's signed verification that the information is true and correct to the best of their knowledge. The Supreme Court of Appeals prescribes forms for reports, accounts and inventories. (§§ 44A-3-2(a)(9), 44A-3-9(a)(8), 44A-3-11(f).)

The conservator mails the inventory to those who received hearing notice within 14 days after presenting it. If the court refers an account to the fiduciary commissioner, the commissioner mails the proposed account and notice to the protected person, petition-notice recipients and others found interested; those recipients may challenge the account. (§§ 44A-3-8(b), 44A-3-11(c)(2).)

What trips people up

The court may, on petition, waive conservator accountings or allow them less often than annually if their expense or burden outweighs the benefit and protection to the adult. A conservator should follow the actual court order rather than assume a waiver. (§ 44A-3-10(a).)

The circuit clerk alerts the court to missing or administratively incomplete reports. A reviewer examines filings multiannually, can request more information, and refers missing filings or discrepancies for court action. A knowing violation of the filing section is a misdemeanor; the stated fine applies only upon conviction. (§ 44A-3-11(b), (d).)

Common questions

What happens if the conservator finds more property after the inventory? The conservator amends the inventory or lists it in the next court accounting. (§ 44A-3-8(a).)

Is a report required when the appointment ends? Ordinarily yes, and resignation or removal also triggers a filing. The court may excuse a guardian's termination report; all people entitled to estate proceeds may consent to dispensing with a conservator's final account. (§ 44A-3-11(a)(4)–(5).)

Statutes and sources

The reporting rules appear in W. Va. Code §§ 44A-3-2, 44A-3-8, 44A-3-9, 44A-3-10 and 44A-3-11. Accessed October 3, 2026.