§9-6-4. Action to abate abuse, neglect or emergency.
The department or any reputable person may bring and maintain
an action against any person having actual care, custody or control
of an incapacitated adult, for injunctive relief, including a
preliminary injunction, to restrain and abate any abuse or neglect
of an incapacitated adult or to abate an emergency situation. In
any such proceeding the court shall appoint a guardian ad litem, to
protect the interests of the incapacitated adult, who shall not be
an employee of the state nor be a party to the proceeding nor be
selected by or in the employ of any party to the proceeding:
That the court may by order terminate assistance granted
or paid to any person found to have abused or neglected an
incapacitated adult and order any such assistance to be paid to
another person solely for the use and benefit of such abused or
neglected person, and grant such other equitable relief as may be
appropriate in the circumstances to restrain and abate such abuse
or neglect: Provided, however,
That in the case of an action to
abate an emergency situation, the court may grant the relief
authorized in section five of this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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