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 person;

    • (2) restrict, or further restrict, a person’s access to the incapacitated person:

    • (3) modify the guardian’s duties; or

    • (4) discharge and replace the guardian pursuant to 15 V.I.C. § 5-318.

  • (b) Notwithstanding actions available to the court under subsection (a), a guardian who is found to be willfully isolating an incapacitated person and who has violated § 662 or has violated an order issued under § 664 is subject to discharge and replacement pursuant to 15 V.I.C. § 5-318


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