reglab/housing_qa huggingface dataset:
WV Code § 44A-2-11 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-11. Limited Guardianships

(a) A limited guardian may be appointed for an individual who is deemed to be a protected person in need of a guardian within the meaning of section four, article one of this chapter, but is capable of addressing some of the essential requirements for his or her health, care, safety, habilitation, or therapeutic needs.(b) A limited guardian may be appointed for an individual who otherwise is deemed to be a protected person within the meaning of this chapter, and who resides in a supervised setting such that the individual’s health, care, safety, habilitation and therapeutic needs are being attended to without interference, but whose impairment warrants the appointment of a substitute decision-maker for purposes of the ultimate decisions of the location of residence and major medical decisions, and the like.(c) A limited guardian may be appointed for the sole purpose of providing for an individual who otherwise is deemed to be a protected person within the meaning of this chapter, and whose health, care, safety, habilitation and therapeutic needs are being attended to in a supervised residence, but whose only need is for a substituted decision-maker in the event of a major medical decision.
WV Code § 44A-2-12 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-12. Limited Conservatorships

A limited conservator may be appointed for an individual deemed to be a protected person in need of a conservator within the meaning of section four, article one of this chapter, but whose property or financial affairs are so limited that there is only one or more designated contexts for which a limitation of the individual’s legal rights is warranted.
WV Code § 44A-2-13 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-13. Order of Appointment; Notice; Notice of Appointment

(a) An order appointing a guardian or conservator may only be issued by the court upon the following:(1) The guardian or conservator has subscribed to and filed an oath promising to faithfully perform the duties of the office in accordance with all provisions of this chapter;(2) Posting of any bond, if required; and(3) The completion of mandatory education, as required under the provisions of section ten, article one of this chapter, unless the court enters an order stating that an individual does not require educational training because he or she has completed the mandatory education within the last three years.(b) In addition to the findings of fact and conclusions of law required in section nine of this article, the order shall include the specific areas of protection or assistance granted in the case of a guardian and the specific areas of management and assistance granted in the case of a conservator and address other areas of concern pursuant to the circumstances of the case.(c) Within fourteen days following the entry of an order of appointment, the guardian or conservator shall mail a copy of the order of appointment, together with a brief statement in large print of rights to seek an appeal for modification or termination, to the protected person and to all individuals and entities given notice of the petition.(d) Within ten days following the entry of an order of appointment, the circuit clerk shall mail a notice of appointment for recordation in the office of the clerk of the county commission to be recorded with the records of deeds and records of powers of attorneys, and listed in the appropriate indexes under the name of the protected person stating the case name and number, the name of the protected person, and the names of the guardian and conservator so that persons are put on notice of the existence of a guardianship or conservatorship.
WV Code § 44A-2-13a (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-13a. Time of Entry of Orders

The mental hygiene commissioner or the court shall prepare an order within fourteen days of the hearing directing the appointees to complete the mandatory education and post any required bond within thirty days of the hearing. After the mandatory education is completed and the bond posted, then the court shall enter a final order on the petition within fourteen days.
WV Code § 44A-2-14 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-14. Temporary Guardians and Conservators

(a) The court may appoint a temporary guardian or temporary conservator, or both, under this section upon a finding that an immediate need exists, that adherence to the procedures otherwise set forth in this chapter for the appointment of a guardian or conservator may result in significant harm to a person or the estate, and that no other individual or entity appears to have authority to act on behalf of the person, or that the individual or entity with authority to act is unwilling, or has ineffectively or improperly exercised the authority.(b) A temporary guardian or temporary conservator shall have only those powers and duties that are specifically set forth in the order of appointment. The appointment of a temporary guardian or temporary conservator shall expire within six months unless it is terminated or extended for up to six months by the court or mental hygiene commissioner for good cause shown following a hearing.(c) An appointment of a temporary guardian or temporary conservator shall be made upon timely and adequate notice to the protected person after appointment or notice of appearance of counsel and after all other protections have been afforded, in accordance with due process of law, including any other conditions as the court may order. The protected person may petition the court for a substitution of a temporary guardian or temporary conservator at any time.(d) Within five days following the entry of an order of appointment, a temporary guardian or temporary conservator shall mail a copy of the order of appointment, together with a brief statement in large print of rights to seek an appeal for modification or termination, to the person for whom the appointment was made and to all individuals and entities that would be entitled to notice of hearing on a petition for appointment as set forth in section six of this article.
WV Code § 44A-2-15 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 2. Procedure for Appointment|§44A-2-15. Notice of Hearing on Petitions Subsequent to the Appointment of a Guardian or Conservator

(a) Except as otherwise provided herein or as ordered by the court for good cause shown, notice of hearing on a petition for an order subsequent to the appointment of a guardian or conservator shall be personally served upon the protected person and mailed to an appointed counsel or attorney of record, to those individuals who would be entitled to notice of the filing of an original petition to appoint, to any facility that is responsible for the care and custody of the protected person, to the guardian or conservator, if the guardian or conservator is not the petitioner, and to other individuals or entities as the court may order.(b) Unless otherwise ordered by the court, the notice shall be personally served upon the protected person and mailed by the petitioner by certified mail return receipt requested to other parties entitled to notice at least fourteen days prior to the hearing and shall be accompanied by a copy of the petition and other relevant documents. A copy of the certified mail return receipts shall be filed in the office of the circuit clerk on or before the date of the hearing.(c) The court or mental hygiene commissioner may conduct hearings on subsequent petitions filed pursuant to this chapter.
WV Code § 44A-3-1 (2021)
2021 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

(a) The guardian of a protected person owes a fiduciary duty to the protected person and is responsible for obtaining provision for and making decisions with respect to the protected person’s support, care, health, habilitation, education, therapeutic treatment, social interactions with friends and family, and, if not inconsistent with an order of commitment or custody, to determine the protected person’s residence.(b) A guardian shall maintain sufficient contact of not less than once very six months with the protected person to know of the protected person’s capabilities, limitations, needs, and opportunities.(c) A guardian shall be required to seek prior court authorization to change the protected person’s residence to another state, to terminate or consent to a termination of the protected person’s parental rights, to initiate a change in the protected person’s marital status, to deviate from a protected person’s living will or medical power of attorney, or to revoke or amend a durable power of attorney executed by the protected person.(d) A guardian shall exercise authority only to the extent necessitated by the protected person’s limitations, and, where feasible, shall encourage the protected person to participate in decisions, to act on his or her own behalf, and to develop or regain the capacity to manage personal affairs.(e) A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person’s best interests and exercise reasonable care, diligence, and prudence.(f) Upon the petition of an interested party or upon its own motion, the court or Mental Hygiene Commissioner may order the guardian to take appropriate action to address the needs and best interests of the protected person as required by this section.
WV Code § 44A-3-2 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-2. Reports by Guardian of Protected Person

(a) Any guardian appointed pursuant to the provisions of this chapter shall file periodic reports, in accordance with section eleven of this article including:(1) A description of the current mental, physical, and social condition of the protected person;(2) A description of the protected person’s living arrangements during the reported period;(3) The medical, educational, vocational, and other professional services provided to the protected person and the guardian’s opinion as to the adequacy of the protected person’s care;(4) A summary of the guardian’s visits with the protected person, the guardian's social interactions with the protected persons, the guardian's efforts and activities on behalf of the protected person, including the guardian's efforts facilitating on behalf of the protected person social interactions with friends and families, and the guardian's efforts facilitating the protected person engagement in social activities;(5) A statement of whether the guardian agrees with the current treatment or habilitation plan;(6) A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship;(7) Any other information requested by the court or useful in the opinion of the guardian;(8) The compensation requested and the reasonable and necessary expenses incurred by the guardian; and(9) A verification signed by the guardian stating that all of the information contained in the report is true and correct to the best of his or her knowledge.(b) The court may order the guardian to attend a hearing on the report by motion of the court or Mental Hygiene Commissioner, or upon the petition of any interested person. A report of the guardian may be incorporated into and made a part of the accounting of the conservator.
WV Code § 44A-3-3 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-3. Distributive Duties and Powers of the Conservator of a Protected Person

(a) A conservator of a protected person, without the necessity of seeking prior court authorization, shall apply the income and principal of the estate as needed for the protected person’s support, care, health, and if applicable, habilitation, education or therapeutic needs. A conservator shall also apply the income and principal as needed for the support of any legal dependents who are unable to support themselves and who are in need of support.(b) A conservator, when making distributions, shall exercise authority only to the extent necessitated by the protected person’s limitations, and shall, where feasible, encourage the protected person to participate in decisions, to act on his or her own behalf, and to develop or regain the capacity to manage the estate and his or her financial affairs. A conservator shall also consider the size of the estate, the probable duration of the conservatorship, the protected person’s accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian.(c) A conservator shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person’s best interests and exercise reasonable care, diligence and prudence.
WV Code § 44A-3-5 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-5. Sale or Mortgage of Real Estate

(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.
WV Code § 44A-3-6 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-6. Protective Arrangements

Upon petition therefor, the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the protected person and to petition for termination of the conservatorship. “Protective arrangements” include, but are not limited to, the payment, delivery, deposit, or retention of funds or property; the sale, mortgage, lease, or other transfer of property; the execution of an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; and the addition to or establishment of a suitable trust.
WV Code § 44A-3-7 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-7. Estate Planning

(a) Upon petition, the court may authorize a conservator to exercise the following powers over the estate or financial affairs of a protected person which the protected person could have exercised if he or she were not subject to conservatorship:(1) To make gifts to charity or other donees and to convey interests in any property;(2) To provide support for individuals who are not legal dependents;(3) To amend or revoke trusts or to create or make additions to revocable or irrevocable trusts even though such trusts may extend beyond the life of the protected person;(4) To disclaim, renounce, or release any interest or power, or to exercise any power;(5) To exercise options or change the beneficiary on or withdraw the cash value of any life insurance policy, annuity policy, or retirement plan;(6) To elect against the estate of the protected person’s spouse;(7) To withdraw funds from multiple party bank accounts, to change the beneficiary on or dispose of any payable or transfer on death arrangement, or to dispose of any property specifically devised or bequeathed under the protected person’s will.(b) The court, in authorizing the conservator to exercise any of the above powers, shall primarily consider the decision which the protected person would have made, to the extent that the decision can be ascertained. The court shall also consider the financial needs of the protected person and the needs of legal dependents for support, possible reduction of income, estate, inheritance or other tax liabilities, eligibility for governmental assistance, the protected person’s prior pattern of giving or level of support, the existing estate plan, the protected person’s probable life expectancy, the probability that the conservatorship will terminate prior to the protected person’s death, and any other factors which the court believes pertinent.(c) No order may be entered under this section unless notice of hearing is first given to the protected person, to the beneficiaries of the protected person’s estate plan and to the individuals who would succeed to the protected person's estate by intestate succession. No trust may be amended or revoked without prior notice of hearing to the trustee thereof.(d) In making a determination under this section, the court shall be entitled to compel the production of documents, including the protected person's will.(e) Nothing in this section shall be construed to create a duty on the part of a conservator to revise a protected person's estate plan.
WV Code § 44A-3-8 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-8. Conservator’s Inventory

(a) Within sixty days following entry of an order of appointment, a conservator shall file with the court an inventory of the real and personal estate of the protected person which has come into the conservator’s possession or knowledge. The inventory shall include, with reasonable detail, a listing of each item of the estate, its approximate fair market value and the type and amount of encumbrance to which it is subject. The inventory shall list with reasonable detail any items that the conservator believes are valueless and intends to abandon. If any real or personal estate comes into the possession or knowledge of the conservator subsequent to the filing of the initial inventory, the conservator shall either amend the inventory or list the same in the next accounting required to be filed with the court, as described in this section.(b) A conservator shall mail a copy of the inventory to the individuals and entities who received notice of hearing, as specified in section six, article two of this chapter, no later than fourteen days following its presentation of the inventory.(c) Any person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor than more $100.
WV Code § 44A-3-9 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-9. Accountings by Conservator

Any conservator appointed pursuant to the provisions of this chapter shall file periodic accountings as provided for under section eleven of this article.(a) The accounting shall include:(1) A listing of the receipts, disbursements and distributions from the estate under the conservator’s control during the period covered by the accounting;(2) A listing of the estate;(3) The services being provided to the protected person;(4) The significant actions taken by the conservator during the reporting period;(5) A recommendation as to the continued need for conservatorship and any recommended change in the scope of the conservatorship.(6) Any other information requested by the court or useful in the opinion of the conservator; (7) The compensation requested and the reasonable and necessary expenses incurred by the conservator; and(8) A verification signed by the conservator stating that all of the information contained in the accounting is true and correct to the best of his or her knowledge.(b) The court may order the conservator to attend a hearing on the accounting by motion of the court or upon the petition of any interested person. An accounting by a conservator may be incorporated into and made a part of the report of the guardian.
WV Code § 44A-3-10 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-10. Waiver of Accountings

(a) The court, upon petition therefor, may waive the requirement that accountings be filed or may permit accountings to be filed less frequently than annually if it determines that the expense involved or burden placed on the conservator in preparing and presenting annual accountings outweighs the benefit and protection afforded thereby to the protected person.(b) In determining whether accountings may be waived or filed less frequently than annually, the court shall consider:(1) The relationship of the conservator to the protected person;(2) The value of the estate and annual gross income and other receipts within the conservator’s control;(3) The amount of the bond;(4) The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;(5) The extent to which the income and receipts are payable directly to a facility responsible for the care or custody of the protected person;(6) The extent to which the income and receipts are derived from state or federal programs that require periodic accountings;(7) Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required; and(8) Any other factors which the court deems appropriate.
WV Code § 44A-3-12 (2021)
2021 West Virginia Code|Chapter 44A. West Virginia Guardianship and Conservatorship Act|Article 3. Guardianship and Conservatorship Administration|§44A-3-12. Self-Dealing and Conflicts of Interest

(a) Unless court approval is first obtained, or unless such relationship existed prior to the appointment and was disclosed in the petition for appointment, a conservator may not:(1) Have any interest, financial or otherwise, directly or indirectly, in any business transaction or activity with the conservatorship;(2) Acquire an ownership, possessors, security, or other pecuniary interest adverse to the protected person, or to the estate, or an interest in an asset in which the protected person also owns an interest;(3) Directly or indirectly purchase, lease, or sell any property from or to the protected person or from or to the estate;(4) Borrow or loan funds to the protected person or to the estate, except for reasonable advances without interest for the protection of the estate;(5) Compromise or otherwise modify a debt owed by the conservator to the protected person or to the estate;(6) Employ individuals or entities who were associated with or employed by the conservator prior to the appointment; or(7) Directly or indirectly purchase, lease or sell property or services from or to any entity in which the conservator or a relative of the conservator is an officer, director, shareholder or proprietor, or owns a significant financial interest.(b) Any activity prohibited by this section is voidable by the court upon the petition of any interested person or upon a motion of the court. This section does not limit any other remedies which may be available for a breach by the conservator or others of their fiduciary duty to the protected person or to the estate.