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What Is Emergency Guardianship?

Emergency guardianship is the temporary guardianship appointment by the court of someone to care for the interests of a minor person or an adult who is considered incompetent in emergency situations. To minors, emergency guardianship is awarded to temporary guardians in cases wherein the biological parents have lost their natural guardian status. This is most common when the biological parents dies or is accused of abandonment or sometimes abuse. To adults, emergency guardianship is required due to alleged incompetent. In order for an emergency guardianship to be approved, the application of the guardian must be fully detailed with the medical problems as to why the adult is incapable of making his own decision. Some of the factors being considered in the application of emergency guardianship are danger, abuse, exploitation, incapability and protection.

For example, a grandmother can file an emergency guardianship to her granddaughter if she has sufficient evidence that the child is not being treated well by her parents or if the parents do not provide the right care and financial responsibility to their daughter.

Relationship between the ward and the potential guardian are being considered in making the decision for an emergency guardian. The guardian will also be evaluated for character and competency. The potential guardian must state the reason on why the action is needed as the court wants the person to act in the best interest for the ward. Once approved, the court will issue a court order that contains the judge’s decision. The document will be properly outlined of the responsibilities of the emergency guardian.

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