In re Donald M.

The circuit court appointed E.D. to be the guardian and conservator of Respondent, an elderly man with dementia. Acting as Respondent’s conservator, E.D. filed a motion seeking permission to sell two parcels of Respondent’s real property, one in West Virginia and one in Maryland, to pay for Respondent’s living expenses. The circuit court denied E.D.’s motion, concluding (1) the court lacked jurisdiction over the Maryland real estate, and (2) it was not in Respondent’s best interest for the West Virginia property to be sold “at this time.” The Surpeme Court reversed, holding that the circuit court erred in finding it was without jurisdiction to approve the sale of Respondent’s Maryland property and in finding it was not in Respondent’s best interest to sell the West Virginia property. Remanded to the circuit court for entry of an order properly approving the sale of both properties. View "In re Donald M." on Justia Law