West Virginia HB5105: Relating to financial exploitation of a person in recovery

What the bill says

To amend and reenact the Code of West Virginia, 1931, §55-7J-1, §55-7J-2, §55-7J-3, §55-7J-5 and §55-7J-6; and to amend and reenact §61-2-29b of said code, all relating generally to protections against financial exploitation of persons in recovery; establishing a cause of action against a person who commits an act of financial exploitation against a person in recovery; defining terms; restricting certain defenses which, standing alone, are based on legal relationship to a person in recovery; providing for court-authorized remedies; authorizing the award of increased damages in certain c.

From the engrossed text, February 17, 2026:

A BILL to amend and reenact the Code of West Virginia, 1931, §55-7J-1, §55-7J-2, §55-7J-3, §55-7J-5 and §55-7J-6; and to amend and reenact §61-2-29b of said code, all relating generally to protections against financial exploitation of persons in recovery; establishing a cause of action against a person who commits an act of financial exploitation against a person in recovery; defining terms; restricting certain defenses which, standing alone, are based on legal relationship to a person in recovery; providing for court-authorized remedies; authorizing the award of increased damages in certain circumstances; establishing the standard of proof; establishing the statute of limitations for actions brought under the article; authorizing the court to freeze assets and order injunctive relief; providing options the court may exercise upon a formal finding of exploitation; authorizing the court to require posting security, or additional security, under certain circumstances; clarifying and creating criminal penalties and fines upon conviction of certain offenses of financial exploitation of a person in recovery; creating criminal penalties and fines for second, or subsequent offenses, of exploitation of an elderly person, protected person, person in recovery, or an incapacitated adult; and increasing the criminal penalty for the offense of financial exploitation of $1,000 or more relating to an elderly person, protected person, person in recovery, or an incapacitated adult. Article 7J. FINANCIAL EXPLOITATION OF …

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