Abuse Of An Older Adult
W. Va. Code § 9-6-9 and W. Va. Code § 61-2-29b — reporting to Adult Protective Services, and financial exploitation of someone 65 or older
A vulnerable adult is anyone over the age of 18 who, because of a physical or mental condition, cannot independently carry on the daily activities needed for life, health and protection.
Medical and mental health professionals, social workers, police and nursing home staff who have reasonable cause to believe a vulnerable adult or facility resident is abused, neglected or financially exploited report it immediately. Anyone else may report too.
| Financial exploitation of an elderly or incapacitated person | The penalty |
|---|---|
| Financial exploitation of an elderly or incapacitated personLess than $1,000 | The penaltyA misdemeanor, a fine of not more than $1,000, jail of not more than one year, or both |
| Financial exploitation of an elderly or incapacitated person$1,000 or more | The penaltyA felony, a fine of not more than $10,000 and not less than two nor more than 20 years |
An elderly person is 65 years or older, and exploitation means intentionally misusing their money or assets, not a good faith effort to help manage them. A conviction adds restitution.
A required reporter who knowingly fails to report faces a fine of not more than $100 or jail of not more than ten days. A particular situation is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 9-6-1 — Adult protective services: definitions
- W. Va. Code § 9-6-9 — Mandatory reporting of incidences of abuse, neglect, financial exploitation, or emergency situation
- W. Va. Code § 9-6-14 — Adult protective services: failure to report; penalty
- W. Va. Code § 61-2-29b — Financial exploitation of an elderly person, protected person, or incapacitated adult; penalties; definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.