The department or any reputable person may bring and maintain an action against any person having actual care, custody, or control of a vulnerable adult, for injunctive relief, including a preliminary injunction, to restrain and abate any abuse, neglect, or financial exploitation of a vulnerable 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 vulnerable 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: Provided, That the court may by order terminate assistance granted or paid to any person found to have abused, neglected, or financially exploited a vulnerable adult and order any such assistance to be paid to another person solely for the use and benefit of such abused, neglected, or financially exploited 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 9-6-5 of this code.
Structure West Virginia Code
Article 6. Social Services for Adults
§9-6-2. Adult Protective Services; Immunity From Civil Liability; Rules; Organization and Duties
§9-6-3. Cooperation Among Agencies; Termination and Reduction of Assistance by Commissioner
§9-6-4. Action to Abate Abuse, Neglect, Emergency, or Financial Exploitation
§9-6-5. Emergency Immediate Remedial Treatment; Procedure
§9-6-6. Payment and Termination of Payment for Services to a Vulnerable Adult
§9-6-7. Comprehensive System of Adult Protective Services; Compulsory Assistance Prohibited
§9-6-8. Confidentiality of Records
§9-6-9a. Mandatory Reporting Suspected of Animal Cruelty by Adult Protective Service Workers
§9-6-10. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
§9-6-12. Reporting Person's Immunity From Liability
§9-6-13. Abrogation of Privileged Communications