A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code regarding:
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A) and regulations issued thereunder; and
(2) A charitable interest in the trust, including notice regarding the interest to the Attorney General of the State of West Virginia.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 8A. West Virginia Uniform Directed Trust Act
§44D-8A-803. Application; Principal Place of Administration
§44D-8A-804. Common Law and Principles of Equity
§44D-8A-806. Powers of Trust Director
§44D-8A-807. Limitations on Trust Director
§44D-8A-808. Duty and Liability of Trust Director
§44D-8A-809. Duty and Liability of Directed Trustee
§44D-8A-810. Duty to Provide Information to Trust Director or Trustee
§44D-8A-811. No Duty to Monitor, Inform, or Advise
§44D-8A-812. Application to Cotrustee
§44D-8A-813. Limitation of Action Against Trust Director
§44D-8A-814. Defenses in Action Against Trust Director
§44D-8A-815. Jurisdiction Over Trust Director