Title 34, Welfare
17 chapters · 204 sections in this title.
34 V.I.C. § 661 Definition: “incapacitated person”
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As used in this chapter, “incapacitated person” means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for…
34 V.I.C. § 662 Right of communication
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(a) Unless specifically authorized by court order, a guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications. (b…
34 V.I.C. § 663 Restrictions on communications with incapacitated person
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(1) A guardian may, for good cause shown, move the court to have restrictions placed on a person’s ability to communicate, visit, or interact with an incapacitated person in accordance with § 664. The factors the court must consider in determining good cause are:(1) Whether any p…
34 V.I.C. § 664 Requirements for restrictions on communications requested by guardian
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(a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian. (b) In determining whether to issue an order in accordance with subsection (a), the court must co…
34 V.I.C. § 665 Motion to remedy violation of § 662 or § 664
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(a) If any interested person, including the incapacitated person, reasonably believes that § 662 has been violated or an order issued under § 664 has been violated, then such person may move the court to:(1) require the guardian to grant a person access to the incapacitated perso…
34 V.I.C. § 666 Hearing on motion under § 663 or § 665
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(a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation …
34 V.I.C. § 667 Awards and sanctions
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(a) The court may award the prevailing party in any action brought under this chapter court costs and reasonable attorneys’ fees. But an award of court costs or attorneys’ fees may not be paid out of the incapacitated person’s estate. (b) The court, upon motion or upon its own in…
34 V.I.C. § 668 Required modifications
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(1) A guardian shall promptly notify an incapacitated person’s closest relatives and any person designated by the incapacitated person to be notified, along with the appropriate contact information and upon the incapacitated person’s knowledge of such circumstance and information…
34 V.I.C. § 669 Notice not required
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(a) A guardian is not required to provide notice in accordance with § 668 if:(1) A person who is entitled to notice under § 668 informs the guardian in writing that the person does not wish to receive such notice; or(2) The incapacitated person or a court order has expressly proh…