Wv – I’m My Incapacitated Father’s Guardian And Conservator. His Estranged Wife Just Drained His Bank Account And Abandoned Him. Can I File For Divorce On His Behalf?

EDTA: She has not paid ANY of his bills. She tried to place her name on his brand new truck loan and have it voluntarily repossessed - thankfully I was able to stop that from happening. She did not show up to the guardianship hearing, in fact she withdrew $1800 from an ATM either the day of or after the hearing. She has sent a total of $4300 to her daughter on cash app. She has gone in several shopping sprees, dining out, salon services etc. When I closed his bank account, she called the court stating I was misusing funds. She showed up to the GAL office without notice. She went to the hospital trying to see him and refused to leave when she was denied access, ultimately being escorted off the property. She told the post office that my dad had overdosed and she had brought him to Ohio and that’s why she had to have his mail held - and said to “absolutely not give the mail to his daughter”…further proving she was hiding his bills from me. I have screenshots where I asked her if she had paid his bills and she told me to fuck off and mind my business - multiple times.

Hi everyone. I’m in West Virginia and I was recently appointed by the court as guardian and conservator for my father, who is currently hospitalized and mentally incapacitated. His court-appointed Guardian ad Litem (GAL) agreed he is not competent to manage his affairs. He has a history of substance use and was living in poor conditions, neglected and emotionally isolated by his wife.

Here’s the situation:

• My father and his wife have been estranged for 8 years. They haven’t lived together for most of that time. She stayed in his house while he lived with his 100-year-old grandfather across the creek. • She was not involved in his care and isolated him from family, including me, his youngest daughter. He often had to lie to speak to me. His depression and drug use worsened during this time. • When he was hospitalized this April, I discovered that she took his wallet, driver’s license, and Social Security card, interfered with his mail, and withdrew thousands from his bank account days after he was admitted—even though she had not supported or visited him. • She also threatened me when I tried to retrieve his vehicle, claiming to have connections at the sheriff’s office and bank, and has refused to leave his home or return his property. • The GAL told me that West Virginia law is silent on whether a guardian can file for divorce. She said that divorces are handled in Family Court (not Circuit Court), and that I can’t represent my father there without an attorney. This may be a test case for WV. • I want to protect him and his assets, potentially evict her and her adult daughter from the home (which she does not own), and move forward with filing for divorce on his behalf due to abandonment, exploitation, and emotional abuse. 

I’ve tried to reach attorneys, legal aid, and adult protective services, but this case is complicated and no one has taken it on yet.

Questions: 1. Can a court-appointed guardian/conservator petition for divorce on behalf of a protected person in WV?

2. If not directly, what is the best path to protect him and terminate the marriage? 3. Can her financial abuse and neglect lead to criminal or civil charges? 4. How can I push this case forward if I can’t represent him myself in Family Court? 

I’m doing my best to act in my father’s best interest, but I’m overwhelmed and unsure how to navigate this. Any legal insight, case references, or suggestions would mean the world.

Thank you. Location: West Virginia