{"data":{"id":"us-wv/w.-va.-code-44d-8a-808","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-8A-808","heading":"Duty and liability of trust director.","body":"(a) Subject to subsection (b) of this section, with respect to a power of direction or further power under §44D-8A-806(b)(1) of this code:\n(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:\n(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or\n(B) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and\n(2) The terms of the trust may vary the director’s duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.\n(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than in §44D-8A-801 et seq. of this code to provide health care in the ordinary course of the director’s business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this article.\n(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 8A. WEST VIRGINIA UNIFORM DIRECTED TRUST ACT."],"source_url":"https://code.wvlegislature.gov/44D-8A-808/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:41Z","sha256":"13317278076bb717e7424bc9c4a192080684f8e5283da4e65be7c5858d2a422d","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-8a-807","next":"us-wv/w.-va.-code-44d-8a-809"},"notice":"GroundRules: Original legal text. Not legal advice."}