2014 West Virginia Code
CHAPTER 44D. UNIFORM TRUST CODE
ARTICLE 8. DUTIES AND POWERS OF TRUSTEE.
§44D-8-808. Powers to direct.
(a) While a trust is revocable, the trustee may follow a direction of the grantor that is contrary to the terms of the trust instrument.
(b) If the terms of a trust instrument confer upon a person other than the grantor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust instrument or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
(c) The terms of a trust instrument may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d) A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from the holder's breach of a fiduciary duty.
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