Legal Question in Wills and Trusts in West Virginia

Grandmother will, estate, etc.

Background situation info:

I am the granddaughter. Then there's the mother and daughter. The mother is my grandmother; the daughter is my mother.

So it's...

Mother (my grandmother)

Daughter (my mother (conservator))

Granddaughter (me (guardian & POA)).

Mother was declared incompetent by circuit court.

Daughter was made conservator.

Granddaughter was made guardian. (Did not own property in the state, so in order to save thousands of dollars the appointments were split between the two)

Granddaughter had previously been taking care of bills and finances thru state POA papers. Due to illness of Conservator, daughter had to revert to taking care of finances with POA papers.

In the state of WV, if a conservatorship is awarded and a bond is not purchased within 30 days, can a bond still be purchased 3 years later? And if so, what process needs to be done to get one. If it is not allowed to be purchased then what happens to the properties/funds of the individual.

If a bond cannot be purchased what is the next course of action to get things legally straight in order to take care of finances?

Also, how can I stop the state from taking all real estate properties and financial assets?


Asked on 9/22/08, 2:00 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Grandmother will, estate, etc.

The Circuit Court that ordered the appointment of the Guardian and Conservator retains jurisdiction for modification. The Conservator can be replaced because of resignation or otherwise. The court could also craft relief for the bond issue, including allowing a personal bond without surety. I am not sure what you wish to guard against when you want to stop the state from taking property. With respect to debt management and or Medicaid eligibility and reimbursement, you need to consult a lawyer who works in this field. You may be able to resolve the guardianship/conservator matter with a petition and hearing before the circuit court without an attorney, but I suggest you contact one to work out the relief you intend to ask for in court.

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Answered on 9/22/08, 4:26 pm


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