Although a guardianship case typically takes several months to conclude through the courts there is a process, in an emergency, to have an immediate, temporary guardianship granted. The Court will approve such a guardianship if a petitioner can show that without it the Alleged Disabled Person (“ADP”) will suffer serious and irreparable harm.
An example of a financial emergency is when someone’s home will be foreclosed and sold at auction the next day unless a Guardian of the Property is appointed to pay the mortgage and stop the foreclosure. It is not an emergency if the only consequence is a bill will be paid late.
An example of a personal emergency is when someone requires immediate medication, or an immediate medical procedure, to prevent death or long-term injury and a medical provider requires a decision from a Guardian of the Person after discussing the risks and benefits of a course of treatment. It is not an emergency if the personal or medical decision can be made after the normal time in which a guardianship case is decided.
For a free consultation or a quick response to your questions regarding Temporary or Emergency Guardianships, contact Timothy Leahy below: