Notwithstanding any provision of this code to the contrary, acting in a position of trust and confidence, including, but not limited to, as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to an action brought under this article.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7J. Financial Exploitation of an Elderly Person, Protected Person or Incapacitated Adult
§55-7J-2. Restriction of Defenses, Standing Alone, Based on Legal Relationship
§55-7J-3. Court Authorized Remedies
§55-7J-4. Attorneys Fees; Court Costs and Burden of Proof; Statute of Limitations
§55-7J-5. Action to Freeze Assets; Burden of Proof; Options the Court May Exercise
§55-7J-6. Penalty for Violation of Injunction; Retention of Jurisdiction