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Emergency Guardianship: Tips You Should Know

As our loved ones age, we may be faced with a situation where our loved ones no longer have capacity, and we need to step in to protect them from themselves or from someone else taking advantage of them. In some instances, it may be urgent and an emergency guardianship may be the only way to protect your loved one.

1) Understand The Process
Sometimes referred to as “temporary guardianship,” this legal arrangement en- ables you to take control over an individual’s personal, financial, and medical issues for a limited period of time. Your duties are specifically determined by the court’s Letters of Temporary Emergency Guardianship and focus on what exactly the Ward needs during that temporary period.

2) Know Your Rights And Responsibilities
If you choose to serve as a Temporary Emergency Guardian, you should be able and willing to take on the responsibilities dictated in the Order of Emergency Temporary Guardianship.
In most cases, this temporary emergency guardianship lasts up to 90 days. There are times when that could be extended, based on unique factors. If the emergency scenario continues without resolution in reasonable sight, permanent guardianship may have to be explored.

3) Learn How To Protect Elderly Relatives
Similar to the above process, gaining emergency guardianship of an aging loved one can be a life-saving endeavor. Guardians of elderly individuals are involved in major care decisions, including:

  • living arrangements
  • medical care
  • financial considerations
    (including bill payment)
  • record-keeping
  • end-of-life decisions

In addition, if a guardian is already in place for your loved one, you have the right to object to the named guardian for your elderly loved one. Doing so does not guarantee this decision will be reversed. However, there will be times that you can demonstrate threats to the long-term well-being of this individual. This process can be started both before and after a guardian is appointed.

4) Get Expert Advice And Assistance
Having to deal with possible guardianship issues can be stressful and seem overpowering. The good news is that when you partner with skilled and qualified legal professionals, you benefit from expert advice that will help you make sense of even the most complicated situation.

Mara Law offers over a decade of experience in guardianship. Contact us at 386.672.8081 to schedule your consultation today.