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WV Code § 39B-1-115 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-115. Exoneration of Agent

(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.
WV Code § 39B-1-116 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§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.
WV Code § 39B-1-117 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-117. Agent's Liability

(a) An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to:(1) Restore the value of the principal's property to what it would have been had the violation not occurred;(2) Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf out of the principal's assets;(3) Reimburse the reasonable attorneys fees and costs incurred by the principal or the principal's successors in interest in pursuing rectification of the violation by the agent; and(4) Pay such other amounts, damages, costs or expenses as the court may award.
WV Code § 39B-1-118 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-118. Agent's Resignation; Notice

(a) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:(1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or(2) If there is no person described in paragraph (1), to:(A) The principal's caregiver;(B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or(C) A governmental agency having authority to protect the welfare of the principal.
WV Code § 39B-1-119 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-119. Acceptance of and Reliance Upon Acknowledged Power of Attorney

(a) For purposes of this section and section one hundred five of this article, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.(b) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under the provisions of section one hundred five of this article that the signature is genuine.(c) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority except as to a conveyance of interests in real property where the principal has previously filed a notice of termination of the power of attorney in the office of the clerk of the county commission in the county in which the property is located.(d) A person who is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.(f) For purposes of this section and the act, a person who conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
WV Code § 39B-1-120 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-120. Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney

(a) In this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in this act or that meets the requirements for a military power of attorney pursuant to 10 U. S. C. §1044b.(b) Except as otherwise provided in this section:(1) A person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation or an opinion of counsel under section one hundred nineteen subsection (d) of this article no later than seven business days after presentation of the power of attorney for acceptance;(2) If a person requests a certification, a translation, or an opinion of counsel under section one hundred nineteen subsection (d) of this article, the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, translation or opinion of counsel; and(3) A person may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented.(c) A person is not required to accept an acknowledged statutory form power of attorney if:(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;(4) A request for a certification, a translation, or an opinion of counsel under section one hundred nineteen subsection (d) of this article is not timely provided;(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel under section one hundred nineteen subsection (d) of this article has been requested or provided; or(6) The person makes, or has actual knowledge that another person has made, a report to the local adult protective services agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.(d) A person who refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to a court order mandating acceptance of the power of attorney. The court may at its discretion award to the principal or the principal's agent reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
WV Code § 39B-1-121 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-121. Principles of Law and Equity

Unless displaced by a provision of this act, the principles of law and equity supplement this act.
WV Code § 39B-1-122 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-122. Laws Applicable to Financial Institutions and Entities

This act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this act.
WV Code § 39B-1-123 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 1. General Provisions|§39B-1-123. Remedies Under Other Law

The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act.
WV Code § 39B-2-101 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-101. Authority That Requires Specific Grant; Grant of General Authority

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject to:(1) Create, amend, revoke or terminate an inter vivos trust;(2) Make a gift;(3) Create or change rights of survivorship;(4) Create or change a beneficiary designation;(5) Delegate authority granted under the power of attorney;(6) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;(7) Exercise fiduciary powers that the principal has authority to delegate; or(8) Disclaim property, including a power of appointment.(9) Exercise authority over the content of electronic communications, as defined in 18 U.S.C. Section 2510(12) sent or received by the principal.(b) Notwithstanding a grant of authority to do an act described in this section, unless the power of attorney otherwise provides, an agent may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.(c) Subject to subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §39B-2-104 through §39B-2-116 of this code.(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to the provisions of §39B-2-117 of this code.(e) Subject to subsections (a), (b) and (d) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
WV Code § 39B-2-102 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-102. Incorporation of Authority

(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in section one hundred four through section one hundred seventeen of this article or cites the section in this article in which the authority is described.(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in section one hundred four through section one hundred seventeen of this article or a citation to a section of section one hundred four through section one hundred seventeen of this article incorporates the entire section as if it were set out in full in the power of attorney.(c) A principal may modify authority incorporated by reference.
WV Code § 39B-2-103 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-103. Construction of Authority Generally

(a) Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections one hundred four through one hundred seventeen of this article or that grants to an agent authority to do all acts that a principal could do pursuant to the provisions of section one hundred one subsection (c) of this article, a principal authorizes the agent, with respect to that subject, to:(1) Demand, receive and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become or claims to be entitled, and conserve, invest, disburse or use anything so received or obtained for the purposes intended;(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal;(3) Execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;(6) Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;(7) Prepare, execute and file a record, report or other document to safeguard or promote the principal's interest under a statute or rule;(8) Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality, on behalf of the principal;(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone or other means; and(10) Do any lawful act with respect to the subject and all property related to the subject.
WV Code § 39B-2-105 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-105. Tangible Personal Property

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:(1) Demand, buy, receive or accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;(2) Sell, exchange, convey with or without covenants, representations, or warranties; quitclaim, release, surrender, create a security interest in, grant options concerning, lease, sublease or, otherwise dispose of tangible personal property or an interest in tangible personal property;(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4) Release, assign, satisfy or enforce by litigation or otherwise, a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:(A) Insuring against liability or casualty or other loss;(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;(D) Moving the property from place to place;(E) Storing the property for hire or on a gratuitous bailment; and(F) Using and making repairs, alterations or improvements to the property; and(6) Change the form of title of an interest in tangible personal property.
WV Code § 39B-2-106 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-106. Stocks and Bonds

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:(1) Buy, sell and exchange stocks and bonds;(2) Establish, continue, modify or terminate an account with respect to stocks and bonds;(3) Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote.
WV Code § 39B-2-107 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-107. Commodities and Options

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:(1) Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and(2) Establish, continue, modify and terminate option accounts.
WV Code § 39B-2-108 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-108. Banks and Other Financial Institutions

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:(1) Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal;(2) Establish, modify and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent;(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;(4) Withdraw, by check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;(5) Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them;(6) Enter a safe deposit box or vault and withdraw or add to the contents;(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(8) Make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;(9) Receive for the principal and act upon a sight draft, warehouse receipt or other document of title whether tangible or electronic or other negotiable or nonnegotiable instrument;(10) Apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
WV Code § 39B-2-110 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-110. Insurance and Annuities

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;(2) Procure new, different and additional contracts of insurance and annuities for the principal and the principal's spouse, children and other dependents, and select the amount, type of insurance or annuity and mode of payment;(3) Pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent;(4) Apply for and receive a loan secured by a contract of insurance or annuity;(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;(6) Exercise an election;(7) Exercise investment powers available under a contract of insurance or annuity;(8) Change the manner of paying premiums on a contract of insurance or annuity;(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;(11) Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and(13) Pay, from proceeds or otherwise, compromise or contest and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.