West Virginia Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

State:
Multi-State
Control #:
US-01174BG
Format:
Word; 
Rich Text
Instant download

Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

How to fill out Objection To Appointment Of Petitioner As Conservator Of The Estate Of An Adult?

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FAQ

If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.

The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship.

Unjust enrichment is an equitable cause of action not governed by any statute of limitations in West Virginia (Dunn, 689 S.E.2d at 266-67).

The primary difference is that a Conservator is responsible for the financial affairs of an adult, and a Guardian is responsible for the personal affairs of an adult.

(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.

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.

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West Virginia Objection to Appointment of Petitioner as Conservator of the Estate of an Adult