(a) A guardian shall have a fiduciary duty to the protected person for whom he or she was appointed guardian and may be held personally liable for a breach of that duty, including being required to pay restitution for any embezzled or concealed funds.
(b) A guardian is not liable for the acts of the protected person, unless the guardian is personally negligent, nor is a guardian required to expend personal funds on behalf of the protected person.
Structure West Virginia Code
Chapter 44A. West Virginia Guardianship and Conservatorship Act
Article 3. Guardianship and Conservatorship Administration
§44A-3-1. Duties of Guardian of Protected Person
§44A-3-2. Reports by Guardian of Protected Person
§44A-3-3. Distributive Duties and Powers of the Conservator of a Protected Person
§44A-3-4. Management Powers and Duties of Conservator
§44A-3-5. Sale or Mortgage of Real Estate
§44A-3-6. Protective Arrangements
§44A-3-8. Conservator’s Inventory
§44A-3-9. Accountings by Conservator
§44A-3-10. Waiver of Accountings
§44A-3-11. Filing of Reports and Accountings; Misdemeanor for Failure to File; Reporting Elder Abuse
§44A-3-12. Self-Dealing and Conflicts of Interest
§44A-3-13. Personal Liability of Guardians
§44A-3-14. Personal Liability of Conservators
§44A-3-15. Protection for Persons Conducting Business With Guardians and Conservators
§44A-3-16. Court Modification of Powers and Duties of Guardian or Conservator
§44A-3-18. Guardian’s Duty to Inform Certain Relatives About Protected Person’s Health and Residence