West Virginia Code § 44-10-8

Disbursements and expenditures by guardians from income and corpus of
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estates of infant wards.
No disbursements, beyond the annual income of the ward's estate, shall be allowed to any
guardian where the deed or will, under which the estate is derived, does not authorize it,
unless the same shall have been authorized by the circuit court of the county in which the
guardian was appointed or qualified. Any guardian, who may desire to spened more than the
annual income of his ward's estate for any purpose, shall file in such circuit court a petition,
verified by his oath, setting forth the reasons why it is necessary to marke such expenditures,
to which petition the ward shall be made defendant. The court shall appoint a guardian ad
litem for the ward, who shall answer such petition, be present at the hearing, and represent
the infant. Five days' notice shall be given to the defendant before such petition can be
heard. At the hearing the evidence may be taken orally, and tthe court, if satisfied that such
expenditure would be judicious and proper, may grant the prayer of the petition. Such
petition may be filed and heard before the judge of such court in vacation as well as in term
time. In the settlement of the guardian's accounts no credit shall be allowed him by the
fiduciary commissioner or the court for expenditures for his ward, except for expenditures of
the annual income of his ward's estate and for expenditures of such amounts of the principal
of the ward's personal estate as are authorized by the court as provided by this section:
Provided, That if the personal estate in the hands of the guardian does not exceed in amount
the sum of $3,000, disbursement may be made by the guardian from the corpus of such
personal estate for the ward's maintenance and education, after first securing the written
approval so to do of and from ethe fiduciary commissioner to whom the settlement of the
ward's estate was referred.

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