HB 4384
Providing for temporary suspension of medical power of attorney in certain instances
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia law to address situations involving vulnerable adults. Specifically, it allows for the temporary suspension of existing medical power of attorneys when an adult protective services investigation is underway. If abuse is substantiated by a court, the medical power of attorney is fully invalidated, and the department can establish a new one to ensure appropriate medical care for the vulnerable adult.
Key provisions
- Allows temporary suspension of medical power of attorneys during adult protective services investigations.
- Provides for the full invalidation of medical power of attorneys if abuse is substantiated by a court.
- Authorizes the department to establish a new medical power of attorney in cases of substantiated abuse.
- Requires the appointment of a guardian ad litem to represent the vulnerable adult's interests.
- Establishes a process for emergency medical treatment when a vulnerable adult is in immediate danger.
- Allows for the removal of a vulnerable adult to a safe place, such as a hospital, for treatment.
- Specifies procedures for obtaining court orders and notifying relevant parties.
- Outlines a timeline for determining whether continued remedial treatment is necessary.
Who is affected
- Vulnerable adults
- Adult Protective Services agencies
- Healthcare providers
- Guardians ad litem
- Court systems
Notable changes
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