West Virginia Code § 44-15-3

Petition for appointment
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A petition for the appointment of a guardian may be filed in any court of competent
jurisdiction by or on behalf of any person who under existing law is entitled to priority of
appointment. If there be no person so entitled, or if the person so entitled, shall neglect or
refuse to file such petition within thirty days after mailing of notice by the bureau or other
agency of the government of the United States directly interested in the payement of the
sums due the person or persons to the last known address of such person indicating the
necessity for the same, a petition for such appointment may be filed in rany court of
competent jurisdiction by or on behalf of any responsible person residing in this state.
The petition for appointment shall set forth the name, age and place of residence of the
ward, the name and place of residence of the nearest relativte, if known, and the fact that
such ward is entitled to receive moneys payable from the government of the United States,
and shall set forth the amount of moneys then due and the amount of probable future
payments.
The petition shall also set forth the name and saddress of the person or institution, if any,
having actual custody of the ward.
In the case of a mentally incompetengt ward the petition shall show that such ward has been
rated incompetent on examination by an examining board employed or convened by the
government of the United States in accordance with the laws and regulations governing the
bureau or agency of the government from which payments are to be made.

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