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WVC 39 B- 1 - 116 §39B-1-116. Judicial relief.

     (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.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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