Understanding Separate Appointments for Person and Estate Under West Virginia Law

Short answer: In West Virginia, being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian (often called a conservator) for the estate or include an explicit combined appointment in the court order. See West Virginia guardianship law and court resources for details: West Virginia Code, Chapter 44A and West Virginia Judiciary – Guardianship & Conservatorship resources.

Detailed answer — what this means and why it matters

West Virginia separates two different roles:

Guardian of the person: responsible for the ward’s personal needs — health care, housing, daily care, education, and general well‑being.
Guardian of the estate (conservator): responsible for managing the ward’s money and property — paying bills, collecting income, investing, and providing court‑required accountings.

Because the responsibilities and legal powers differ, West Virginia courts treat the two roles as distinct. A court can appoint the same individual to both roles, but it must do so explicitly. If your appointment order names you only as guardian of the person, you do not have authority to manage the ward’s finances or property until the court appoints you (or another person) to manage the estate.

How the separate appointment works in practice

Someone files a petition in the probate court asking the court to appoint a guardian of the person, a guardian of the estate, or both.
The court provides notice, may order evaluations or medical reports, and holds a hearing to determine incapacity and whether appointment is appropriate.
The court issues an order. The order will state which authority the appointee has. If the order only names you as guardian of the person, it will not grant estate powers.
If estate management is needed, the court must either appoint a separate guardian of the estate or include estate powers in the same order.
After appointment, the guardian of the estate typically must post bond, file an inventory, and submit periodic accountings to the court. The guardian of the person must follow care‑related reporting requirements the court imposes.

Why courts keep roles separate

Separating personal care and financial control protects the ward and provides checks and balances. Different skill sets and duties are involved, and the court supervises both roles to reduce abuse and conflicts of interest.

Actions to take if you are appointed guardian of the person

Read your court order carefully. Confirm whether it grants any estate powers or specifically limits you to personal decisions.
If you need authority to manage money (pay bills, access bank accounts, sell property), file a petition with the court asking to be appointed guardian of the estate or for the court to extend estate powers to you.
Prepare to show the court why estate powers are necessary and how you will safeguard the assets (bond, accounting, oversight by the court).
If someone else is guardian of the estate, coordinate with them so the ward’s needs are met without duplication or conflict.
Keep clear records of decisions, expenditures, and communications about the ward’s care and finances for court review.

Key West Virginia resources

West Virginia Code (guardianship and conservatorship provisions): https://code.wvlegislature.gov/44A/
West Virginia Judiciary — guardianship and conservatorship information: https://www.courtswv.gov/public-resources/guardianship-conservatorship.html

Helpful Hints

Always keep a certified copy of the court order. Banks and medical providers usually require proof of authority before you act.
If you anticipate needing financial control, ask the petitioner to request both appointments at the same time to avoid a second hearing.
Expect the court to require an inventory of the ward’s assets and, for estate guardians, periodic accountings and possibly a bond.
Keep the ward’s finances separate from your own. Use clear, labeled bank accounts and records for transparency.
If family members disagree about who should manage the estate, consider mediation before contentious litigation consumes resources needed for the ward’s care.
Contact the probate clerk in the county where the ward lives early in the process — clerks can explain local practice, required forms, and timelines.
When in doubt, consult a West Virginia probate or elder‑law attorney for guidance on petitions, bonds, inventories, and accountings.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles under West Virginia law and is for educational purposes only. For advice about a specific situation, consult a licensed West Virginia attorney or the local probate court.