HB 5105
Relating to financial exploitation of a person in recovery
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a legal framework to protect individuals in recovery from financial exploitation. It creates a new legal action, a ‘financial exploitation protective order,’ that can be pursued in court to address misuse of funds or assets. The bill defines ‘person in recovery’ and ‘financial exploitation,’ and outlines procedures for obtaining protective orders, including temporary freezes on assets and potential criminal penalties for offenders. It also addresses attorney’s fees and the burden of proof in such cases.
Key provisions
- Defines ‘person in recovery’ and ‘financial exploitation’ for legal purposes.
- Establishes a civil action and a protective order process for addressing financial exploitation.
- Allows for temporary freezes of assets to prevent further loss.
- Outlines remedies, including the return of misappropriated assets and treble damages for violations by those in positions of trust.
- Creates a misdemeanor criminal penalty for financial exploitation, with enhanced penalties for repeat offenses.
- Permits reporting of suspected financial exploitation to law enforcement and relevant agencies.
- Specifies that acting as a guardian, conservator, or attorney does not automatically constitute a defense.
- Provides for restitution to the victim of financial exploitation.
Who is affected
- Individuals in recovery from addiction.
- Family members and caregivers of individuals in recovery.
- Legal professionals (attorneys, guardians, conservators).
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