(a) A conservator shall not sell real estate and shall not be authorized to mortgage any real estate without approval of the court.
(b) Following a petition by the conservator for the sale or mortgage of real property, the court or mental hygiene commissioner shall appoint a guardian ad litem and set a hearing on the petition. The conservator shall personally serve the protected person and serve by certified mail all persons entitled to notice pursuant to the original petition at least thirty days prior to the hearing.
Structure West Virginia Code
Chapter 44A. West Virginia Guardianship and Conservatorship Act
Article 3. Guardianship and Conservatorship Administration
§44A-3-1. Duties of Guardian of Protected Person
§44A-3-2. Reports by Guardian of Protected Person
§44A-3-3. Distributive Duties and Powers of the Conservator of a Protected Person
§44A-3-4. Management Powers and Duties of Conservator
§44A-3-5. Sale or Mortgage of Real Estate
§44A-3-6. Protective Arrangements
§44A-3-8. Conservator’s Inventory
§44A-3-9. Accountings by Conservator
§44A-3-10. Waiver of Accountings
§44A-3-11. Filing of Reports and Accountings; Misdemeanor for Failure to File; Reporting Elder Abuse
§44A-3-12. Self-Dealing and Conflicts of Interest
§44A-3-13. Personal Liability of Guardians
§44A-3-14. Personal Liability of Conservators
§44A-3-15. Protection for Persons Conducting Business With Guardians and Conservators
§44A-3-16. Court Modification of Powers and Duties of Guardian or Conservator
§44A-3-18. Guardian’s Duty to Inform Certain Relatives About Protected Person’s Health and Residence