West Virginia § 39B-1-115 Exoneration of agent

West Virginia Statutes

§ 39B-1-115 — Exoneration of agent

West Virginia § 39B-1-115

Ch. 39BUNIFORM POWER OF ATTORNEY ACT

Art. 1GENERAL PROVISIONS

This text of West Virginia § 39B-1-115 (Exoneration of agent) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 39B-1-115 (2026).

Text

(a)A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(1)Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2)Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

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(a) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.