West Virginia
Overview
West Virginia has not enacted supported decision-making statutes or legislation but has pending supported decision-making legislation. We are not aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.
Guardianship Laws
Supported Decision-Making
State Legislation
None found
- 2024 West Virginia House Bill No. 5136
- Description: Establishes the Supported Decision-Making Act, which “authorizes an adult with a disability to enter into a supported decision-making agreement” in which they designate “one or more supporters to provide assistance when making decisions or engaging in certain other activities.”
- Status: Introduced in the West Virginia House on January 25th, 2024; pending the House Judiciary Commitee
- 2024 West Virginia House Bill No. 5136 (link to article about WV H.B. No. 5136)
- Description: Establishes the Supported Decision-Making Act, which “authorizes an adult with a disability to enter into a supported decision-making agreement” in which they designate “one or more supporters to provide assistance when making decisions or engaging in certain other activities.”
- Status: Died in committee on 3/30/2024.
- Description: Requires surrogate healthcare decision-makers to follow supported decision-making principles.
- Status: Signed March 18, 2024. Awaiting formal filing by the Lieutenant Governor.
- Description: Requires surrogate healthcare decision-makers to follow supported decision-making principles.
- Status: Signed March 18, 2024. Awaiting formal filing by the Lieutenant Governor.
None found
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Webpage: People First Project, West Virginia Developmental Disabilities Council
- Video: “Rethinking Guardianship,” West Virginia Developmental Disabilities Council
- West Virginis Developmental Disabilities Council Five Year State Plan (Oct. 1-2021 – Sept. 30, 2026) States that the Council “will work to establish ‘Supported Decision Making’ statewide as a recognized alternative to guardianship” for people with intellectual or developmental disabilities.
- West Virginia Department of Health and Human Services, Substitute Decision-Maker Policy (July 2022)Introduces and outlines the process for substituted decision-making.
- Disability Rights of West Virginia – Supported Decision Making
- ASTRIVE – Providing Advocacy, Support, Training, and Resources to Ensure Individuals with Disabilities are Included. Valued. Empowered.
Information Last Updated: January 25, 2025