What is an Emergency Guardianship?
An emergency guardianship is different from other guardianships because it is temporary. It is also sometimes known as “temporary guardianship.” However, unlike an emergency guardianship, a temporary guardianship may not always involve an emergency. An emergency guardianship is unlike a guardian ad litem that is appointed for the sake of a minor.
Creation of an Emergency Guardianship
An emergency guardianship is usually created to assist a person who has been severely injured and unable to care for oneself. Most often the need for one arises when a loved one is hospitalized. Generally, an emergency guardianship is obtained by application with a court on an expedited basis since other types of guardianships can take months to be processed.
A judge will issue an order appointing an emergency guardian. The order will also describe the guardian’s duties and responsibilities. Typically, an emergency guardianship expires within 30 days of issuance. A person may also appoint a guardian by naming the guardian in a living will or advanced directive.
Criteria for Emergency Guardianship
To obtain an emergency guardianship, the petitioner must prove that the ward is incapacitated and that an emergency guardianship is warranted. This can be proven by showing evidence that the ward is facing impending death, bodily injury, needs urgent medical treatment, or is a danger to others or needs to be removed from unsafe and dangerous conditions. Also, the petitioner must show that no other person will be able to act as a guardian while the emergency condition exists. However, one cannot appoint oneself as a guardian. Therefore, a guardian is appointed either by a court order or through a legal document such as a living will.
Responsibilities of a Guardian
Guardians have certain duties and responsibilities to fulfill once appointed. Guardians may have to manage the ward’s finances. Financial duties entail managing the wards’ property, paying bills, filing taxes, managing accounts and applying for and collecting benefits on their behalf.
Guardians may also have responsibilities with regards to matters dealing with the ward’s health and medical conditions. Guardians may be responsible for taking their wards to medical appointments, supervise and consent for medical treatment, fill out hospital paperwork, and follow up with medical treatment providers.
Who Can Be a Guardian?
In majority of cases, family members are appointed as guardians. Usually, the petitioner for the appointment of an emergency guardianship is appointed as the guardian. In a case where multiple parties are interested in guardianship, a judge may determine who is most qualified. In some instances, a public guardian may be appointed.
Brooklyn Guardianship Lawyers at Korsinsky & Klein, LLP Assist in Petitioning for an Emergency Guardianship
If you are facing a medical emergency with your elderly loved one and believe you need to appoint a guardian on their behalf, the elder law attorneys at Korsinsky & Klein, LLP can assist you. Rely on the experience of our Brooklyn elder law attorneys to assist you in preparing the legal documents so that you can focus on the care of your loved one. Call us today 212-495-8133 or contact us online for a consultation. We handle guardianship issues for clients throughout New York and New Jersey from our offices in New York and Lakewood, New Jersey. We are proud to serve the communities of Long Island, Manhattan, Westchester and Brooklyn.