(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. In the protective proceedings the court shall consider the nomination in accordance with the provisions of section eight, article two, chapter forty-four-a of this code.
(b) If, after a principal executes a power of attorney, a
court appoints a conservator of the principal's estate or other
fiduciary charged with the management of some or all of the
principal's property, the agent is accountable to the fiduciary as
well as to the principal. Unless otherwise ordered by the court
making the appointment, the power of attorney and the agent's
authority thereunder terminates upon the appointment.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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