(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.
West Virginia Legal Code