(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.
Structure West Virginia Code
Chapter 39B. Uniform Power of Attorney Act
§39B-1-104. Power of Attorney Is Durable
§39B-1-105. Execution of Power of Attorney
§39B-1-106. Validity of Power of Attorney
§39B-1-107. Meaning and Effect of Power of Attorney
§39B-1-108. Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary
§39B-1-109. When Power of Attorney Effective
§39B-1-110. Termination of Power of Attorney or Agent's Authority
§39B-1-111. Coagents and Successor Agents
§39B-1-112. Reimbursement and Compensation of Agent
§39B-1-113. Agent's Acceptance
§39B-1-115. Exoneration of Agent
§39B-1-118. Agent's Resignation; Notice
§39B-1-119. Acceptance of and Reliance Upon Acknowledged Power of Attorney
§39B-1-120. Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney
§39B-1-121. Principles of Law and Equity
§39B-1-122. Laws Applicable to Financial Institutions and Entities