Legal Opinion

In Re DONALD M.

West Virginia Supreme Court

Decided May 8, 2014No. 13-0653PublishedCited by 9 opinions

1Opinion of the Court

Justice KETCHUM:

In this appeal from the Circuit Court of Mineral County we are asked to examine the power of a conservator for a protected person under the West Virginia Guardianship and Conservatorship Act. Specifically, we are asked whether a circuit court has jurisdiction to approve the sale by a conservator of real estate, owned by a protected person who is a West Virginia citizen, which is located outside of West Virginia. In this case, the circuit court refused to give the conservator permission to sell a protected person’s real property that is located in Maryland.

As we detail below,…

2Cases cited10 opinions

  1. Chrystal R.M. v. Charlie A.L.West Virginia Supreme Court · 1995
  2. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
  3. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  4. State v. EpperlyWest Virginia Supreme Court · 1951
  5. Burgess v. PorterfieldWest Virginia Supreme Court · 1996

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3Cited by9 opinions

  1. Gates Hudson & Associates, Inc. v. Rosheedia MasszoniaIntermediate Court of Appeals of West Virginia · 2024
  2. In Re: E.J.M., a protected personIntermediate Court of Appeals of West Virginia · 2024
  3. In Re: L.A.G.Intermediate Court of Appeals of West Virginia · 2025
  4. In re: H.A.Intermediate Court of Appeals of West Virginia · 2023
  5. J.C. Baker & Son, Inc. v. Daniel C. Cooper, as of the Estate of George C. BakerIntermediate Court of Appeals of West Virginia · 2026

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