Grandmother will, estate, etc.

[donluz]

Background situation info:

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?


Now what is the best coarse of action to make sure all real estate properties and financial assets cannot be taken over by the state. As well as who legally has the right to sell properties/assets in order to cover conservatee expenses?

 

[lwpat]

Your post is convoluted. I assume that now there are problems with the finances. Therefore you cannot now purchase a bond. You can't buy fire insurnace after your house burns down.

My suggestion would be for the two of them to sit down with an accountant and produce all the records. They each had a fiduciary duty to keep proper records and to document how all the money was spent.

I assume the Mother is getting government aid. If so, they probably have a lein against the real estate.

 

[donluz]

Thank you for your response. I apologize for the somewhat scattered question. Plesae allow me to clarify...

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)).

There is no govt aid involved. The daughter is ill and unable to take care of the mother. The granddaughter has been POA for years and has been taking care of both as well as fiduciary responsibilities.

All three names are on all financial accounts. However the real estate is only in mother's name and since she's been declared incompetent and no bond was purchased in time (30 days), my real question is should the need arise to sell real estate property to pay for medical care of mother, what needs to take place for legal documentation? Who needs to sign what?

Also, can granddaughter and/or daughter purchase property outright so that the state cannot claim in the future? If so, how?