How Do I Name a Guardian for My Minor Children in West Virginia?

See how a parent names a guardian for their minor children in West Virginia, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In West Virginia, a parent names a guardian for a minor child in a will (W. Va. Code §§ 44-10-1, 44-10-2, 44-10-3). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (W. Va. Code §§ 44-10-1, 44-10-2, 44-10-3).

No. In West Virginia, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. West Virginia allows a Power of Attorney to Delegate Parental or Legal Custodian Powers (W. Va. Code §§ 49-8-3, 49-8-4): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In West Virginia, a child 14 or older may choose their guardian, subject to the court's approval (W. Va. Code § 44-10-4).

West Virginia uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (W. Va. Code §§ 44-10-2, 44-10-3)

West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.