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State ex rel. Hawks v. Lazaro

157 W. Va. 417, 202 S.E.2d 109 (1974)

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State ex rel. Hawks v. Lazaro

West Virginia Supreme Court of Appeals
157 W. Va. 417, 202 S.E.2d 109 (1974)

  • Written by Nicole Gray , JD

Facts

West Virginia had two statutes permitting involuntary hospitalization of its mentally ill or retarded residents. Code 27-5-4(1) allowed for hospitalization of those who were likely to injure themselves or others if not hospitalized. Code 27-5-4(2) allowed hospitalization of those who needed care, custody, or treatment because they lacked sufficient insight or capacity to make responsible decisions regarding their hospitalizations.

Rule of Law

Issue

Holding and Reasoning (Neely, J.)

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