(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:(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or(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(2) The terms of the trust may vary the directors 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.(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 directors 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.(c) The terms of a trust may impose a duty or liability on a trust director in addition to the the extent the director acts in that capacity, the director has no duty or liability under this article.(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.
West Virginia Legal Code