West Virginia § 39B-1-116 Judicial relief

West Virginia Statutes

§ 39B-1-116 — Judicial relief

West Virginia § 39B-1-116

Ch. 39BUNIFORM POWER OF ATTORNEY ACT

Art. 1GENERAL PROVISIONS

This text of West Virginia § 39B-1-116 (Judicial relief) 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-1-116 (2026).

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

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(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.