West Virginia Code § 36-7-18

Renunciation, resignation, death, or removal of custodian; designation of
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successor custodian.
(a) A person nominated under section three of this article or designated under section nine
of this article as custodian may decline to serve by delivering a valid disclaimer to the person
who made the nomination or to the transferor or the transferor's legal representative. If the
event giving rise to a transfer has not occurred and no substitute custodian eable, willing and
eligible to serve was nominated under section three of this article, the person who made the
nomination may nominate a substitute custodian under section three ofr this article;
otherwise the transferor or the transferor's legal representative shall designate a substitute
custodian at the time of the transfer, in either case from among the persons eligible to serve
as custodian for that kind of property under subsection (a), section nine. The custodian so
designated has the rights of a successor custodian. t
(b) A custodian at any time may designate a trust company or an adult other than a
transferor under section four as successor custodian by executing and dating an instrument
of designation before a subscribing witness other than the successor. If the instrument of
designation does not contain or is not accompsanied by the resignation of the custodian, the
designation of the successor does not take effect until the custodian resigns, dies, becomes
incapacitated or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor
has attained the age of fourteeen years and to the successor custodian and by delivering the
custodial property to the successor custodian.
(d) If a custodian is ineligible, dies or becomes incapacitated without having effectively
designated a successor and the minor has attained the age of fourteen years, the minor may
designate as successor custodian, in the manner prescribed in subsection (b) of this section
an adult member of the minor's family, a conservator of the minor or a trust company. If the
minor has not attained the age of fourteen years or fails to act within sixty days after the
inelWigibility, death or incapacity, the conservator of the minor becomes successor custodian.
If the minor has no conservator or the conservator declines to act, the transferor, the legal
representative of the transferor or of the custodian, an adult member of the minor's family or
any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) of this section or resigns under
subsection (c), of this section or the legal representative of a deceased or incapacitated
custodian, as soon as practicable, shall put the custodial property and records in the
possession and control of the successor custodian. The successor custodian by action may
enforce the obligation to deliver custodial property and records and becomes responsible for
each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's
family, a guardian of the person of the minor, the conservator of the minor or the minor if
the minor has attained the age of fourteen years may petition the court to remove the
custodian for cause and to designate a successor custodian other than a transferor under
section four or to require the custodian to give appropriate bond.

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