(a) In an action brought against a person under this article upon a finding that an elderly person, protected person or incapacitated adult has been financially exploited, the court may order:
(1) The return of property or assets improperly obtained, controlled or used; and
(2) An award of actual damages to the person who brought the action for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this article.
(b) In addition to the remedies provided in subsection (a) of this section, a court may order the following:
(1) For violations committed by a person who is not in a position of trust and confidence, payment of two times the amount of damages incurred or value of property or assets lost; and
(2) For violations committed by a person in a position of trust and confidence, payment of treble damages.
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