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W. Va. Code § 44A-3-5

Sale or mortgage of real estate

Applied in 1 court decision — leading case 233 W. Va. 416 - In Re DONALD M. (2014)

Most recently applied in 233 W. Va. 416 - In Re DONALD M. (May 2014)

(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.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.