Right to guardian ad litem

Adult protective proceedings in West Virginia are governed by the Social Services for Adults Act, W. Va. Code § 9-6-1 et seq. Section 9-6-4 provides that “[t]he 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 such matters, the court is required to appoint a guardian ad litem “to protect the interests of the vulnerable adult”. Id.

In the event of an emergency and where necessary to “reduce or avoid the risk of death or serious injury,” the court can authorize a “peace officer” to take an adult into custody and delivery them to a hospital or other safe place (excluding a jail). W. Va. Code § 9-6-5. In such matters, the right to a guardian ad litem attaches as well. The GAL is to be appointed immediately at which time the adult is delivered to the safe location or at which time the court issues an attachment order, presumably whichever occurs earlier. Id. Unfortunately, it is not clear whether the GAL must be an attorney. Thus, we have classified this development as “does not affect” [the right to counsel, or lack thereof], since there is no evidence that the GAL is a licensed attorney.