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Bill > SB617


WV SB617

WV SB617
Banking and Financial Services Provider Protections for Eligible Adults from Financial Exploitation


summary

Introduced
01/27/2026
In Committee
02/02/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §31A-2C-1, §31A-2C-2, §31A-2C-3, §31A-2C-4, §31A-2C-5, §31A-2C-6, and §31A-2C-7, relating to establishing the Banking and Financial Services Provider Protections for Eligible Adults from Financial Exploitation article; providing findings, purpose, and intent; defining terms; permitting disclosure of eligible persons financial information to certain third parties; requiring disclosure to designated state agency; authorizing depository institutions to delay, refuse, or prevent certain activities and transactions to prevent financial exploitation of an eligible adult; providing exemption from certain privacy laws; and providing for private cause of action where certain circumstances are satisfied.

AI Summary

This bill establishes new protections for "eligible adults" (defined as individuals 65 or older, or those 18 or older with a substantial mental or functional impairment and a guardian) from financial exploitation, which is defined as the wrongful taking or use of an eligible adult's money or property, or gaining control of it through deception or undue influence. It allows "depository institutions" (banks and similar financial entities) to delay or refuse certain transactions, such as withdrawals, account changes, or fund transfers, if they suspect financial exploitation is occurring, and requires them to report such suspicions to a "designated state agency" (like the Department of Human Services or the Attorney General). The bill also permits these institutions to notify an "associated third party" (such as a family member or designated contact) about potential exploitation, with exceptions if the third party is suspected of involvement, and these disclosures are exempt from privacy laws. Importantly, banks are not obligated to take these actions and are protected from lawsuits unless they acted in bad faith to further the exploitation.

Committee Categories

Budget and Finance, Justice

Sponsors (5)

Last Action

To Finance (on 02/02/2026)

bill text


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