Tuesday, November 23, 2004

Court of appeals reverses circuit court order of medical examination under adult protective services laws

In Cavuoto v. Buchanan County Department of Social Services, the Virginia Court of Appeals in opinion by Judge Felton, joined by Judge Humphreys and Retired Circuit Court Judge Diane Strickland, reversed a decision by Judge Williams of the Buchanan County Circuit Court to order a physical examination of the appellant under the adult protective services laws, because the Circuit Court did not make the necessary finding that she was incapable of making informed medical decisions. The lawyers in the case were T. Shea Cook and Russell Vern Presley, II.

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