(a) The court may award reasonable attorneys fees and costs to a person that brings an action under this article and prevails.
(b) The standard of proof in proving that a person committed financial exploitation in an action pursuant to this article is a preponderance of the evidence.
(c) An action under this article shall be brought within two years from the date of the violation or from the date of discovery, whichever is later in time.
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