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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. In the protective proceedings the court shall consider the nomination in accordance with the provisions of section eight, article two, chapter forty-four-a of this code.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. Unless otherwise ordered by the court making the appointment, the power of attorney and the agent's authority thereunder terminates upon the appointment.
Cite this article: FindLaw.com - West Virginia Code Chapter 39B. Uniform Power of Attorney Act § 39B-1-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-39b-uniform-power-of-attorney-act/wv-code-sect-39b-1-108/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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