House 4384

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4384

By Delegate Burkhammer

[Introduced January 15, 2026; referred to the Committee on the Judiciary]

A BILL to amend and reenact §9-6-4 and §9-6-5 of the Code of West Virginia, 1931, as amended, relating to suspending any medical power of attorney in place for a vulnerable adult when an adult protective services investigation is ongoing and to fully invalidate the medical power of attorney if abuse is substantiated by a court.

Be it enacted by the Legislature of West Virginia:

article 6. social services for adults.

§9-6-4. Action to abate abuse, neglect, emergency, or financial exploitation.

(a) 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.

(b) When an investigation into allegations 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 is opened, the department shall immediately file a medical power of attorney that supersedes any previous medical power of attorney for the vulnerable adult.

§9-6-5. Emergency immediate remedial treatment; procedure.

(a) Whenever a circuit court shall find in an action to abate an emergency situation that there is probable cause to believe that a vulnerable adult is in an emergency situation and that the person or persons having the immediate care, custody, and control of such vulnerable adult refuses to take necessary steps to alleviate such emergency, or that such vulnerable adult is without the actual care, custody, and control of any persons, it may issue an order of attachment for such vulnerable adult and direct that the peace officer executing the same deliver such vulnerable adult in his custody to a hospital or other safe place except a jail, for immediate remedial treatment to reduce or avoid the risk of death or serious injury. In the event that an order of attachment is issued pursuant to this section, any peace officer executing the order, and such employees of the department the peace officer directs to accompany him, may enter into the place of abode to remove such vulnerable person, notwithstanding the residence therein of other persons.

If any employee or officer of the department shall by direct observation of a vulnerable adult not in the immediate care, custody, or control of another, have reasonable cause to believe that such vulnerable person is then and there in an emergency situation, then such officer or employee may offer transportation to a hospital or other safe place, other than a jail, to such vulnerable adult for immediate remedial treatment to reduce or avoid the risk of death or serious injury.

Immediately upon delivery of any vulnerable person to such hospital or other safe place, such officer or employee shall apply to the circuit court for and the court shall appoint, and in the case of an attachment the court shall contemporaneously with its issuance appoint, a guardian ad litem who shall not be an employee of the state, nor be an interested party, nor be selected by, nor in the employ of, any interested party, to represent the interests of such vulnerable adult, and the court shall fix a time, not later than one judicial day later, to determine if such remedial treatment shall continue or such vulnerable adult should be released. A copy of that attachment and notice of such hearing shall be served on any person in whose actual care, custody, and control such vulnerable adult is found. If further remedial treatment is required, application shall be promptly made to the county commission or such other proper tribunal for appropriate relief: Provided, That the commitment for further remedial treatment may be continued until proceedings for such appropriate relief be concluded: Provided, however, That application for release from such remedial treatment may be made and granted at any time that the emergency ceases.

(b) When a substantiation is found by a court of allegations 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 is opened, the court shall issue a permanent medical power of attorney regarding the medical care of the vulnerable adult, allowing the department to make necessary medical decisions.

NOTE: The purpose of this bill is to suspend any medical power of attorney in place for a vulnerable adult when an adult protective services investigation is ongoing and to fully invalidate the medical power of attorney if abuse is substantiated by a court

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.