West Virginia Code § 44-10-4

Right of minor to nominate guardian
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(a) If the minor is above the age of fourteen years, he or she may in the presence of the
circuit or family court, or in writing acknowledged before any officer authorized to take the
acknowledgment of a deed, nominate his or her own guardian, who, if approved by the court,
shall be appointed accordingly.
(b) If the minor is below the age of fourteen years and, if the court determines it is in the
best interests of the minor, the court may consider the firm and reasonable preferences of a
minor who, in the discretion of the court, is sufficiently matured that he or she can
intelligently express a preference. He or she may in the presenceu of the circuit or family
court, or in writing acknowledged before any officer authorized to take the acknowledgment
of a deed, nominate his or her own guardian, who, if approvetd by the court, after giving that
preference the weight warranted by the circumstances, shall be appointed accordingly.
(c) If the guardian nominated by the minor is not appointed by the court, or if the minor
resides outside the state, or if, after being summonled, the minor neglects to nominate a
suitable person, the court may appoint the gusardian in the same manner as if the minor were
under the age of fourteen years.

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