West Virginia Statutes
§ 44A-3-5 — Sale or mortgage of real estate
West Virginia § 44A-3-5
JurisdictionWest Virginia
Ch. 44AWEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT
Art. 3GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION
This text of West Virginia § 44A-3-5 (Sale or mortgage of real estate) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 44A-3-5 (2026).
Text
(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.
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Legislative History
2008 Reg. Sess., SB736; 1994 Reg. Sess., HB4508
Nearby Sections
15
§ 44A-1-1
Short title and legislative findings§ 44A-1-13
Compensation§ 44A-1-14
Temporary protective orders§ 44A-1-3
Advance directives§ 44A-1-4
Definitions§ 44A-1-5
Rules of civil procedure§ 44A-1-6
Relationship to other laws§ 44A-1-9
Posting of bonds; actions on bondCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 44A-3-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/44A/44A-3-5.