How to Begin the Process of Emergency Guardianship
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File a Guardianship Petition
Temporary guardianship is an extension of regular guardianship. To request a temporary guardianship order, the traditional guardianship process must first be initiated. Your attorney will file a petition for guardianship with the probate court in your county.
Submit Temporary Guardianship Forms
Once the petition is accepted by the court, you must submit the required forms for temporary guardianship. This includes proof of the individual’s incapacity, typically through a certificate from a medical professional, as well as an affidavit explaining why temporary guardianship is necessary.
Request Emergency Guardianship
In urgent situations, the court may issue a provisional finding of incapacity and appoint a temporary guardian without prior notice to the individual or their attorney. This emergency order is typically valid for a period of 6 to 30 days.
Serve Notice to the Ward
After an emergency guardianship is granted, you must schedule a hearing for the temporary guardianship and provide formal notice to the ward and their attorney.
Attend the Temporary Guardianship Hearing
At the hearing, the ward and their attorney will have the opportunity to respond to the petition. If the court finds it necessary, the emergency guardianship order can be extended for up to 6 months until a permanent guardian is appointed.
By following these steps, you can help ensure your loved one receives the necessary care and protection while the court determines the long-term guardianship arrangements.
Once you are Appointed Emergency Guardian
Responsibilities
In guardianships, the court can grant authority over the person, estate, or both. A guardian of the person handles healthcare and living arrangements, while a guardian of the estate manages assets. Emergency guardianship grants limited authority, based on the judge’s determination. Common duties include accessing assets, paying bills, collecting income, consulting healthcare professionals, and arranging basic needs like housing and food. Emergency guardians cannot sell property, alter leases, or gift assets without prior court approval, and may only move the ward if necessary and approved by the judge.
When does it End?
An emergency or temporary guardianship is temporary and concludes under specific circumstances. It ends when the ward either passes away, regains their mental capacity, or when the court issues a permanent guardianship order. If none of these conditions are met, the guardianship will expire. The court typically grants up to six months for the temporary guardianship to remain in effect. After this period, if the ward’s condition has not changed or a permanent guardian has not been appointed, the temporary guardianship will automatically terminate, requiring further legal action.
Limited Authority
Limited authority means that an emergency guardian is granted only the power to make decisions required to address the immediate crisis at hand. This authority is temporary and restricted, focusing solely on urgent issues that need attention. The guardian is not authorized to make long-term plans or decisions regarding the ward’s future care or finances beyond what is necessary to handle the current emergency. The court will typically reserve broader decision-making authority for a permanent guardian, appointed after the full guardianship process is completed.
Permanent Guardianship
Petitioning for permanent guardianship involves filing a formal request with the court to assume long-term responsibility for a ward’s care and affairs. The process typically begins once temporary guardianship has been granted or when the ward’s condition necessitates ongoing assistance. The petitioner must submit a detailed petition outlining the ward’s needs and why permanent guardianship is necessary. The court may require evidence, such as medical evaluations or financial statements, and will schedule hearings to assess the situation. If approved, the court will issue a permanent guardianship order.