W. Va. Code § 39B-1-116
This is the official text of W. Va. Code § 39B-1-116, part of West Virginia’s Va. Code — part of the compiled statutory law of West Virginia, published by the state as "Va. Code." Browse the sections below, each linked to its official government source.
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§39B-1-116. Judicial relief.
Official statutory text
(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:
(1) The principal or the agent;
(2) A guardian, conservator or other fiduciary acting for the principal;
(3) A person authorized to make health-care decisions for the principal;
(4) The principal's spouse, parent or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A governmental agency having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
(1) The principal or the agent;
(2) A guardian, conservator or other fiduciary acting for the principal;
(3) A person authorized to make health-care decisions for the principal;
(4) The principal's spouse, parent or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A governmental agency having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Status: in_force · Read it on the official government site
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